Adding Co-Mediation to Your Skill Set

What is Co-Mediation?

Co-mediation is a type of mediation where two or more trained mediators work together to help a couple navigate the divorce process.

In co-mediation, the mediators often have different skill sets. One might be a lawyer, a mental health therapist or a financial expert. They work together to help the couples resolve disagreements and reach an agreement on issues such as property separation, debt division, child custody and support.

Co-mediation can be very productive if you and your spouse have complex issues or your conflict level is heightened.

The benefit of having more than one mediator is that they can provide a neutral and supportive environment, manage emotions, and ensure that each party has an opportunity to be heard while co-offering different perspectives and expertise, allowing for a more creative problem-solving process to help couples come to an amicable resolution.

Co-mediation during divorce proceedings can assist couples in attaining a more cooperative and beneficial divorce experience, resulting in decreased duration, expenses, and emotional strain compared to a conventional litigated court divorce.

What does it look like?

The choice of the mediation model depends on factors such as the complexity of the issues, the level of conflict between the parties, and the professional backgrounds and expertise of the mediators involved.

Selecting a model best suited to the couple’s specific needs is crucial to help them achieve a positive and mutually beneficial resolution to their divorce.

The three primary mediation models are:

• 1. Multiple facilitator model: where two or more mediators work collaboratively to facilitate the process, or one mediator takes a more active role in specific areas such as legal issues. At the same time, the other focuses more on emotional or communication issues.
  2. Co-equal model: where both mediators have equal responsibility for facilitating the process and may take turns leading the session or work collaboratively.
  3. Lead and support model: where one mediator takes the lead role in managing the process and ensuring all critical issues are addressed, while other support mediators assist with legal, financial, communication, and emotional support.

Co-mediation in divorce offers several benefits, including:  

1. Reduced conflict: Co-mediation can be particularly effective in reducing conflict between the parties. With multiple mediators, there is a better chance that each party feels heard and understood and finds common ground and acceptable solutions for both parties.
2. More efficient process: Co-mediation can be more efficient than traditional litigation or mediation. With multiple mediators, the process can move more quickly and efficiently, potentially leading to a faster resolution and lower costs.
3. Increased support and guidance: With multiple mediators involved, each party can receive more individualized support and guidance throughout the mediation process, reducing stress and anxiety and increasing the chances of a successful resolution.

Additionally, clients are less likely to sway the mediator. With more than one mediator, there is more opportunity to have another viewpoint and more options for resolving the couple’s conflicts.

• Improved communication: Co-mediation can help improve communication between the parties and the mediators. With multiple mediators involved, there is a better chance of ensuring that each party is fully heard and understood and that communication is clear and compelling.
• Increased creativity: With multiple mediators, there is a greater opportunity to explore creative solutions that may not have been considered with just one mediator. Each mediator may bring a unique perspective or expertise to the process, which can help generate new ideas and options for resolution.Top of FormBottom of Form

Potential drawbacks of using co-mediation to consider include:

1. Varying approaches: Co-mediators may have different approaches to their mediation process or viewpoints on what they feel is an amicable yet fair resolution. The mediators may have disagreements that can stall the process and raise the stress level in the meeting for all involved.
2. Time constraints: Scheduling can be challenging due to the many calendar coordination needed, especially when co-mediators need to work together in rural or remote areas.
3. Higher costs: Co-mediated divorce can be more costly than traditional mediation since two mediator professionals are involved, especially if lawyers or mental health professionals are involved.
4. Power struggles: one mediator may be more dominant in their opinions compared to the other mediator
5. Complexity: Co-mediated divorce can be more intricate, and harder to find a balance so that all involved can feel heard and understood due to more opinions during the process.

How do you maximize the benefits of co-mediation?

1. Flexibility is key: The co-mediation process should be flexible to the needs of the couple involved. Mediators should be willing to pivot to help meet the couple’s needs and interests.
2. Utilize the skill set and expertise of the mediator and professionals involved: Each mediator and professional brings a different skill and expertise to the meeting. By complementing these, each team member will provide a more comprehensive and effective mediation process.
3. Develop clear roles and responsibilities: From the start, establish roles and who is responsible for which part of the process. When each expert stays within their skill set, it is more likely for the team to work effectively and move faster through the mediation process.
4. Work together towards the end goal: Co-mediation involves working with the other mediator and professionals, communicating openly and transparently, exchanging information, and working together to achieve the best agreement for the couple involved.
5. Stay focused on the couple, not the experts: The co-mediation process should always focus on the needs and interests of the divorcing couple. Listen to their needs and work together to find a solution that meets their needs and interests, not the professionals at the meeting.
6. Be flexible: Staying flexible and adaptable to the needs of a couple is the key to having a successful mediation session. The experts involved should adjust as needed
7. Reduce rate fee structure: Mediators often agree to discount their hourly fee when working together.

Stay tuned for more information and training on CDR skills.