As we transition from 2024 to 2025, our family justice system is encouraging – if not actively coaxing – potential litigants and legal professionals alike to consider out of court solutions for their cases. It’s an opportune moment for family mediators to reflect on their approaches to mediation. My personal preferred model is co-mediation, where two mediators work together to facilitate the process. While co-mediation may not be a one- size-fits-all solution, it presents numerous benefits that can enhance the quality of mediation and its outcomes. Co-mediation involves multiple mediators-typically two-who complement each other in various ways, such as professional expertise, personality, gender or cultural background. This collaborative model aims to improve the mediation experience for clients and foster better outcomes through a shared approach.

Two heads are better than one.

One of the primary advantages of co-mediation is that more ideas and insights are brought to the table. This diversity enriches the discussion, transforming it from a binary conflict into a multifaceted conversation that encourages curiosity and exploration. Furthermore, practical dynamics in the room can be more effectively managed with two mediators. Maintaining eye contact, monitoring engagement, and interpreting body language can all be better handled, ensuring that all parties remain engaged and understood throughout the mediation process. Safety concerns can be more easily picked up by two mediators, and many co-mediator teams enjoy bringing their diverse background skills to assess capacity and suitability of mediation at each stage of the process. Modelling cooperative behaviours. The inclusion of two mediators brings an ability to model cooperative behaviours. When mediators work together, they demonstrate collaborative problem-solving in real-time, allowing clients to observe and internalize these interactions. In this way, the mediation room becomes a space for moulding new techniques of communication for clients to emulate in their future co-parenting career. This can influence clients’ own approaches to conflict resolution, promoting a more constructive atmosphere for future dialogue.

Modelling cooperative behaviours.

The inclusion of two mediators brings an ability to model cooperative behaviours. When mediators work together, they demonstrate collaborative problem-solving in real-time, allowing clients to observe and internalize these interactions. In this way, the mediation room becomes a space for moulding new techniques of communication for clients to emulate in their future co-parenting career. This can influence clients’ own approaches to conflict resolution, promoting a more constructive atmosphere for future dialogue.

Risk management and reflective practice.

Another significant benefit of co-mediation is the risk management it provides. Having two mediators creates a safety net, allowing for reflective space where mediators can debrief, manage any stress or concerns, and ensure that impartiality is maintained. Mediators are able to reflect back with each other and ask of themselves and of the other: “How could I have improved that? What could we have done better?”. In this way, working alongside a co-mediator presents opportunities for professional growth. Additionally, mediators can learn new techniques, refine their skills, and adopt effective habits from one another, contributing to their ongoing development.

Possible pitfalls to look out for.

Whilst co-mediation offers substantial benefits, it’s important to acknowledge the potential complexities the co-mediation model might contain. The model can be more resource- intensive, leading to concerns about time and cost, and it may create scheduling challenges for four participants. My co-mediator Venetia and I are careful to keep our fees at a competitive rate in comparison to solicitor fees for this reason.

For mediators who mediate with several different co-mediators, power dynamics may arise between some mediators, with one potentially dominating the process or experiencing misalignments in style and philosophy. It’s important to get to know your co-mediator if possible before working together, in order to avoid a clash of personalities or skill sets, leading to competition or one mediator ‘carrying’ the other, which could undermine the effectiveness of the mediation. Co-mediators will need to make sure that they have clear communication and protocol between them, in order to make sure no safety concerns have been missed. Working as I do with a trusted, stable co-mediator, I have found our partnership brings to the room an excellent combination of professional accountability and rigorous self-improvement for each of us as professionals. This in turn gives us the ability to exemplify collaborative communication to clients during the mediation process.

In conclusion, I believe co-mediation represents a powerful tool for mediation practitioners, enhancing the mediation process through collaboration, diverse perspectives, and shared responsibilities. While it’s crucial to navigate the potential pitfalls thoughtfully, the advantages almost always outweigh the disadvantages, making co-mediation a worthwhile consideration for practitioners aiming to improve their mediation practice.