What if an attorney has an extenuating circumstance that will prevent them from attending the scheduled mediation?
Rules of Professional Conduct 4.2 prohibits a lawyer(s) from communicating with a person the lawyer knows to be represented by another lawyer, unless the lawyer has the consent of the other lawyer, or is otherwise authorized to do so. If one party’s attorney is not present, another party’s attorney who is participating in the mediation will be communicating with a person he or she “knows to be represented by counsel” in contravention of Rule 4.2. With one exception, described in detail below, all attorneys need to be present for the mediation to properly proceed. If extenuating circumstances preclude an attorney from attending a scheduled mediation, the mediation may proceed only if the attorney signs and delivers to the mediator a Limited Waiver to Allow Client Communication During Mediation . This waiver requires the attorney to certify that his or her client has given voluntary and informed consent to waive counsel and that he or she has given the client full authority to settle the
