I’ll be glad to respond to your question, as a former adjuster who often insisted upon appearing by phone. For me it was usually an issue of being several hours away from the mediation location. However, I would never – unless absolutely necessary – not appear in person for an important mediation. This attitude certainly could be a signal of someone not really committed to the process. However, an adjuster still needs to resolve the claim; it’s their goal. For a defendant, they too want resolution, but perhaps are convinced they have a defensible case, or they may have other issues.

In any event, assuming you don’t have a court’s authority behind you to mandate attendance, you might consider a pre-mediation conversation with the defendant or adjuster to try to learn what is behind their position. If you are able to connect with them in some way, it may change their attitude. Even adjusters are people (most of the time).

Good luck!