Co-Mediation
Two Mediators. One Collaborative Process. A Fair Opportunity for Resolution.
A practical, balanced solution when parties agree to mediate but cannot agree on the appointment of a single mediator.
When Parties Cannot Agree on a Mediator
One of the first challenges in mediation can arise before the process even begins: the parties agree to mediate but cannot agree on the appointment of a mediator.
One party may feel more comfortable with a particular mediator, while the other prefers someone else. This can create an unnecessary obstacle to resolving the actual dispute.
Co-mediation offers a practical and balanced solution.
Rather than requiring the parties to agree on a single mediator, each party may nominate their preferred mediator. Both mediators then work collaboratively to facilitate the mediation process.
This allows each party to enter mediation with greater confidence, knowing that their preferred mediator is participating in the process.
How Does Co-Mediation Work?
In co-mediation, two professional mediators jointly facilitate the mediation process.
Where the parties cannot agree on a single mediator, each party may nominate a mediator of their choice, subject to both mediators agreeing to participate and being acceptable within the agreed co-mediation framework.
The appointed mediators work together to manage discussions, identify disputed issues, explore settlement options and assist the parties in reaching mutually acceptable agreements.
Impartial and Collaborative
Importantly, co-mediation does not mean that each mediator represents the party who nominated them.
Both mediators remain impartial and independent. Their shared responsibility is to facilitate a fair, constructive and balanced mediation process.
The mediators facilitate the process collaboratively, but the final decisions and agreements always remain with the parties.
When Should You Consider Co-Mediation?
Co-mediation may be particularly suitable where:
- The parties cannot agree on the appointment of a single mediator.
- Each party has an established preference for a particular mediator.
- There are concerns about perceived impartiality or trust in the mediation process.
- The dispute involves complex legal, commercial or family-related issues.
- The parties believe that having two mediators will encourage more balanced and constructive discussions.
Start with clarity.
Your first consultation is discounted, with no commitment to proceed.