Russell Ware, a partner in the firm's Milwaukee, WI office, recently authored an article for DRI's weekly publication, The Voice. His article, "Enlisting the Help of Non-Parties at Mediation to Achieve a Settlement," discusses the issue of non-parties attending mediations. Russ explains that often this participation does not cause a problem and the non-party friend of family member is there strictly for moral support. However, lawyers and mediators have seen situations where the participation of such a friend or family member is less than helpful during the mediation. Some such non-party participants will interject themselves into the process, such as by offering unsolicited and unrealistic opinions on case value. Sometimes, however, the opposite response by counsel and the mediator is required. In some cases, there are aspects of the plaintiff’s background, attitudes, personality or life experience which create special barriers to settlement, and only the intervention of a non-party will overcome the problem. In such instances, counsel and the mediator should affirmatively seek out and encourage the participation and assistance of such non-parties.
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