Co-Mediation: Two Mediators, One Fee

Mediation Rescue / Co-Mediation

Mediation Rescue

Co-Mediation: Two Mediators, One Fee

Co-mediation is mediation conducted by two mediators working together. At Mediation Rescue, it is a core part of how we approach many workplace and commercial disputes.

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Conceptual illustration of two people beside a reflective sphere, with mirrors showing different views of a landscape.
On this pageWhy use two mediators?Two pairs of eyes and earsDiscussion rather than adjudicationDifferent mediators bring different perspectivesCo-mediating with an internal mediatorWhen is co-mediation particularly useful?Co-mediation in team and multi-party conflictCo-mediation in commercial disputesDoes co-mediation cost more?Experienced co-mediatorsFrequently asked questionsDiscuss whether co-mediation would help

Two mediators bring two pairs of eyes and ears, different experience and different mediation styles to the same conflict. They can broaden the perspective available to the process and create a richer feeling of discussion rather than one of adjudication.

Mediation Rescue provides co-mediation as part of our normal service, so that having two mediators does not increase the mediation fee. We sometimes describe it, with a little licence, as our “buy one, get one free” approach to mediation.

Why use two mediators?

No two mediators see or hear a difficult conversation in exactly the same way. They bring different professional backgrounds, life experience, instincts and mediation styles. One may notice a shift in tone, an unspoken concern or an emerging opportunity that the other sees differently. Working together gives the mediation a wider field of vision.

This is particularly valuable in disputes involving several relationships, strong emotions, complex facts or substantial commercial or organisational consequences. Two mediators can compare perspectives, test their own assumptions and adapt the process as the discussion develops.

Two pairs of eyes and ears

A mediator is listening not only to what people say, but to how they say it, what they avoid, how others respond and what may be preventing the conversation from moving forward. In a complex mediation, there can be a great deal happening at once.

Co-mediation means that the ability to observe those dynamics is both increased and shared. The mediators will notice different things and bring those observations together without either mediator assuming that their own reading of the room is the only one.

Discussion rather than adjudication

Co-mediation can also materially change the dynamics of the discussion in the room. With a single mediator, there can sometimes be a subtle sense that one person is presiding over the process. However skilful the mediator, participants may unconsciously experience that person as an authority figure who is there to judge, direct or decide.

Two mediators create a different dynamic. The mediators can interact naturally with each other as well as with the participants. Questions and observations can come from different perspectives. The process can feel less like appearing before a single decision-maker and more like taking part in a structured, serious conversation.

The difference in the dynamic is important because mediation is not adjudication. The mediators are not there to decide who is right or wrong. Their role is to help the participants understand the conflict, test assumptions, explore possibilities and make their own decisions about what happens next.

Different mediators bring different perspectives

Co-mediation also allows us to think deliberately about the composition of the mediation team. Depending on the dispute and the participants, it may be useful to combine mediators with different professional backgrounds, mediation experience, genders, ages, racial or cultural backgrounds, or other characteristics.

For example, a sensitive dispute involving allegations of sex discrimination or sexual harassment might benefit from a male and female co-mediation team. Other conflicts may benefit from differences in generation, cultural background, professional experience or mediation style.

This is not because identity determines viewpoint. It is because a thoughtfully composed mediation team can bring a wider range of perspectives and may help participants feel that the complexity of their experience is more likely to be heard and understood.

Co-mediating with an internal mediator

Mediation Rescue can also work alongside an organisation’s own internal mediator. This creates a particularly useful combination.

The internal mediator brings intimate knowledge of the organisation, its language, structures and culture. The external mediator brings independence from the organisation and experience gained from mediating conflicts in different workplaces and sectors. Together, they can combine context with independence.

There is also a development benefit. An internal mediator who has trained in mediation may have relatively few opportunities to deal with difficult or complex cases. Co-mediating alongside an experienced external practitioner provides practical experience and can help build confidence and capability. Sue Granshaw has designed and delivered mediator training for a number of large organisations, including a large retail chain. She also mentors new in-house mediators and has worked alongside internal mediators, giving Mediation Rescue direct experience of both sides of that relationship.

When is co-mediation particularly useful?

We do not suggest that every mediation requires or would benefit from two mediators. Co-mediation can be particularly valuable where the dispute is complex, sensitive, multi-party or emotionally charged; where conflict has spread through a team; where senior or board-level relationships are involved; where the participants or issues would benefit from a deliberately balanced mediation team; or where an organisation wants an internal mediator to work alongside an independent external practitioner.

It can also be valuable in substantial commercial disputes. Antony Sendall and Alan Dillon are both accredited Civil & Commercial Mediators and have recently co-mediated a multi-million-pound dispute between family members concerning the management and division of a substantial inherited property portfolio.

Co-mediation in team and multi-party conflict

When several people are involved, two mediators provide additional flexibility. They may conduct some conversations together and others separately, and may even work with different participants simultaneously before bringing the group together, or divide their attention during a larger facilitated discussion.

Mediation Rescue has recent experience of a series of workplace interventions involving whole teams in conflict either among themselves or with management. In these cases, co-mediation can form part of a wider process involving individual meetings, smaller mediations, facilitated conversations, conflict coaching and group work.

Co-mediation in commercial disputes

Commercial disputes can combine legal arguments, financial interests, personal relationships and business pressures. Co-mediation provides two sets of experience and two perspectives from which to understand the obstacles to agreement.

It can be especially useful in family business, partnership, shareholder, founder and other relationship-heavy commercial disputes, as well as complex or multi-party cases. The purpose is not to add another layer of formality, but to create a broader and more responsive mediation process.

Does co-mediation cost more?

Not with Mediation Rescue, where co-mediation is provided as part of our normal service.

The mediation fee is not increased simply because two Mediation Rescue mediators are involved. That enables us to recommend co-mediation because we think it will improve the process, rather than because it creates an additional fee.

There may be cases requiring a different fee arrangement because of their scale, duration, travel or other unusual requirements. Any fee would be agreed in advance. The important point is that the ordinary use of two rather than one Mediation Rescue mediator does not itself double, or increase, the mediation fee.

Experienced co-mediators

Alan Dillon, Sue Granshaw and Antony Sendall are all accredited Workplace and Community Mediators and all three have extensive experience of co-mediating complex disputes. Antony and Alan are additionally accredited Civil & Commercial Mediators. They also have a panel of associate mediators who can be involved as required.

That combination gives Mediation Rescue a broad experience across workplace, community and Commercial Mediation models. We draw on that wider mediation toolbox rather than assuming that one standard process or one mediator will be right for every conflict.

Frequently asked questions

Is co-mediation the same as having two sides each appoint a mediator?

No. The two mediators work together to support the whole process. They are not representatives of different parties.

Will each mediator take one person’s side?

No. Both mediators work with all participants. Different perspectives within the mediation team are intended to enrich the process, not divide it into competing camps.

Do two mediators make the process more formal?

Our experience is quite the opposite. Two mediators can reduce the sense that a single authority figure is presiding and help create a more natural, conversational dynamic.

Does co-mediation cost twice as much?

No. Where Mediation Rescue provides co-mediation as part of our normal service, the mediation fee is not increased simply because two mediators are involved.

Can our internal mediator be one of the co-mediators?

Yes. This can combine organisational knowledge with external independence and can also help an internal mediator develop practical experience.

Can we ask for mediators with particular characteristics or experience?

Yes. Where appropriate and practicable, we can consider the balance of the mediation team, including personal or professional experience, mediation style and personal characteristics where considered relevant to the particular situation.

Is co-mediation available for commercial as well as workplace disputes?

Yes. Co-mediation can be used in both workplace and civil or commercial disputes, particularly where the matter is complex, multi-party or relationship-heavy.

Discuss whether co-mediation would help

If you are considering mediation and would like to discuss whether one mediator or a co-mediation team would best suit the dispute, contact Mediation Rescue. We can consider the people, issues and dynamics involved and recommend a process designed around the conflict.