Thomas Williams Law, PLLC

Attendance At Mediation

In June of 2020, the rule governing attendance at mediated settlement conferences in Superior Court actions was revised due to COVID-19, to provide that mediations would be conducted remotely, absent certain exceptions. Effective May 1, 2023, the COVID-19 era preference for remote attendance was revised.

The revisions recognize that parties may agree to mediate remotely, or in person, or via a hybrid of in-person attendance and remote technology. The revisions also address how a disagreement as to the attendance method will be resolved.  

As of May 1, 2023, the attendance rule reads as follows:

(2) Attendance Method.

  1. Determination.
  2. All parties and persons required to attend a mediated settlement conference may agree to conduct the conference in person, using remote technology, or using a hybrid of in-person attendance and remote technology.
  3. If all parties and persons required to attend the conference do not agree on an attendance method and the mediator has designated in the Mediator Information Directory that he or she will conduct conferences only using remote technology, then the conference shall be conducted using remote technology.
  4. If all parties and persons required to attend the conference do not agree on an attendance method and the mediator has not selected remote technology as his or her designated attendance method in the Mediator Information Directory, then the conference shall be conducted in person.