You show up for mediation and the other side shows up with a family friend, an expert or any other non-party. You object saying they are not a party, counsel or insurance company representative.  What do we do?  This happens fairly frequently, and my response is, are we better off and more likely to reach an agreement with the non-party present? If so, I generally advise the participants that anyone who attends mediation is bound by the mediation privilege and that we should allow the non-party. In an abundance of caution, we can have a Mediation Confidentiality Agreement signed.  Let’s focus on the matter at hand and not on extraneous non-factors.

Rod B. Neuman is a Florida Supreme Court Certified Circuit Court Mediator (also admitted in the United States District Court, Middle District of Florida) and offers these observations based upon his experiences mediating cases throughout the State of Florida.