Co-mediation is where multiple mediators (usually two) work together to help resolve a dispute. It can be effectively used in both business and property cases.
When would you use co-mediation?
Co-mediation has been successfully used in Family Law for some years. Yet it offers just as many advantages for other types of disputes, including business and commercial property cases. It can be particularly beneficial in multi-party cases with complex issues to be resolved. In Landlord and Tenant cases, co-mediation can ensure that both parties feel equally and neutrally heard in the mediation process.
The benefits of a combined approach
Co-mediation allows different mediators with different backgrounds and different skills to work together in a complementary way. Physically, two pairs of eyes and ears can be better than one. It can allow mediators to absorb not just the verbal communication from the parties involved, but to take it in turns to assess some of the non-verbal reactions to help bring the parties to common ground.
Helping you select the best mediator
Choosing the right mediator is vital to securing the most successful outcome. Yet each case can require a different approach. As a commercial or property litigation lawyer you may have a mediator you usually work with, but a particularly technical case could benefit from a different or additional expert. Selecting two mediators to work together can enable you to benefit from both sets of skills and experience.
Complementary disciplines
Co-mediation can enable you to select both a specialist and a generalist – perhaps a legal and non-legal mediator. You could combine the skills of an industry specialist with an experienced generalist mediator. A property expert mediator could work alongside a commercial or a surveyor, valuer, engineer expert mediator so that all parties feel represented in the dispute evenly. This can create a more conducive environment to secure a successful conclusion to the dispute.
Share rather than double the fee
Working with multiple mediators does not have to mean double the cost. Some co-mediators will be open to sharing rather than doubling the fee, in order to maximise the outcome for the parties involved. Ask potential mediators if they would agree this approach and what the fees for co-mediation may be. Although the cost of co-mediation may be higher than the cost of using just one mediator, the greater chance of a successful outcome may warrant the cost involved.
Collaboration between mediators is key
In order for co-mediation to be most effective, mediators need to be able to collaborate. This does not work for all mediators. Use mediators who are experienced in working in partnership with others and are equipped with the particular set of skills that this approach requires.
Whether using two mediators or one, the aim is always the same: to guide the settlement process forward to a mutually beneficial conclusion. Mediation should enable all parties to craft their own solution which can be more innovative and flexible than a costly and emotionally draining court process.
To find out more about my co-mediation and mediation services please call 07776 141 717 or email roger@rogerlevittmediation.co.uk. As an experienced property solicitor, of over 33 years I am fully versed in the legal framework of property disputes, yet passionate that mediation provides a fresh approach, with a high success rate.
