Subdivision (d) is based on the contrary view that the rule of priority based on notice is unsatisfactory and unfair in its operation. Examination and cross-examination of deponents may proceed as permitted at trial. Unless otherwise permitted by court order or stipulated by the parties in writing, a party is deemed to appear at a mediation conference if the following persons are physically present: (1) The party or a party representative having full authority to settle without further consultation; and (2) The party’s counsel of record, if any; and (3) A representative of the insurance carrier for any insured party who is not such carrier’s outside counsel and who has full authority to settle in an amount up to the amount of the plaintiff’s last demand or policy limits, whichever is less, without further consultation. (c) Party Representative Having Full Authority to Settle.

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