Why Do We Have Two Mediators?

Sometimes mediation benefits from having two mediators conduct a session. Co-mediation is commonly used and has a long history, so clients are usually not informed as to why their dispute requires it.  

Co-mediation is often used in training programs. And a person matched with an experienced mediator as part of their training, is identified as a co-mediator. Typically, they are not introduced as a “trainee” since by the time they are trained, they are considered prepared.

Sometimes two experienced mediators do work together in specialized areas such as insurance and real estate. If you’ve followed my postings you know that facilitative mediators don’t decide the outcomes but rather assist the parties be their own problem solver. As I so often say, the disputants own the conflict, the mediator owns the process. So you might ask why does the mediator need to know anything about the nature of the dispute?

One of the mediator’s skill is asking questions to help the disputing parties think creatively. If the mediator knows nothing about the area of the dispute, the mediator is at a disadvantage. In real estate disputes I have frequently co-mediated with a former real estate broker. With over 20 years of experience as a broker, she has the background to ask the questions unique to real estate issues that can help the parties solve their problem. 

This approach can slightly alter the process when co-mediators meet in advance to discuss the process. For example, in real estate disputes we agree that my co-mediator focuses on the technical questions while I’ll focus on other aspects, such as summaries. It is important that the co-mediators work together as a team or one disputant may try to “work” the process by trying to get one to side with them. 

Two co-mediators who are comfortable working together may well be more likely to keep the disputing parties involved in the process and, hence, enhance the opportunity for settlement.