At first blush, determining who needs to be involved in the mediation process seems straightforward – each of the disputants.  However, this is only part of the answer.  Who participates and the manner of their participation will shape the durability and the content of settlements.  This chapter will discuss who needs to be involved, why, and in what capacity.  The pros and cons of involving certain participants will be reviewed.  A Participant Checklist as well as practice tips are provided.

There is a distinction between disputant and participant.  For the purposes of this book, disputant is the person or entity that has the legal right to make a decision that is binding on that person or entity.  If a court action has been commenced, disputant is synonymous with party and with plaintiff, claimant or defendant.  Participant includes disputants and is the wider group of people that may take part in a mediation.  The involvement of participants may be total or partial, including:

• presence at the mediation venue without entering the meeting room,

• attendance at a preliminary conference but not the joint mediation meeting,

• participation for a specified, often limited function, during the joint mediation meeting, or

• full participation throughout the joint meeting.