Co mediation is when two mediators work together to resolve disputes and achieve the best possible outcome for clients.
When is co-mediation appropriate?
A mediator may take the decision to invite a colleague to mediate alongside them for a variety of reasons. These include:
Complexity
In complex cases there is a great deal of pressure placed on the mediator to remember all of the issues and help identify options for settlement. Sometimes we apply the old adage – ‘two heads are better than one’.
A complex case may involve a large number of assets in various forms. There is always a risk that certain assets may get overlooked in deliberations, but this is less likely to happen if there is more than one mediator.
The dispute may have been evolving over a long period of time making the issues vast. Again it is important to address all of the issues through the mediation process and two mediators will do this more efficiently than one.
Managing behaviours
It is common to co-mediate when dealing with control issues or narcissistic behaviours. Having two mediators allows us to better manage the process and ensure there is a fair playing field, with everyone being heard. We usually do these mediations on a shuttle basis, with parties in separate rooms. Having two mediators, allows us to ensure we are sharing the correct information, or to make sure we have interpreted what is being said, in the same way.
Expertise
Sometimes another mediator may have some expertise in a field for example crypto currency, or division of business assets, or property disputes. In these cases it seems sensible to invite them to co mediate. A mediator with additional expertise and experience may help develop more options and be more robust in helping find solutions.
Pros and Cons of Co-Mediation
There are lots of pros to having a co-mediation, as outlined above. However, in some circumstances, there may be an additional to cost to bringing in another mediator, especially if it’s for their expertise in an issue that has arisen.
It is important to remember that all mediators are impartial and not there to make decisions. Having two judges or two arbitrators on a case would only lead to conflicting opinions. A mediator has no opinion. The mediator’s role is to develop options and solutions, helping participants to engage a problem solving mode, allowing them to make their own decisions. Sometimes it just makes sense to have more people trying to find a solution – two mediators might be better than one.
How we can help
At Crowther Mediation we tailor make the mediation process to fit the needs of the case. This means we could choose to co-mediate, deliver the mediation online or in person, do the mediation as a ‘shuttle’ or in the same room etc. The solutions we find are as unique as the disputes we address.
Get in touch to learn more today.
