What Is Co-Mediation, And When Should It Be Used?

Co-mediation is a mediation that uses two mediators. The mediators work as a team to assist the parties in resolving their conflict. Co-mediation is beneficial in a number of situations.

In complex mediations, sometimes two heads are better than one. One mediator can, for example, take notes and observe while the other mediator asks questions. Or, one mediator can focus on the details, while the other focuses on the big picture.

Having two mediators who can divide tasks may also accelerate the process. For example, each mediator can caucus (meet individually) with one of the participants at the same time, making the mediation more efficient.

Two mediators may also be beneficial when the mediators have varying skills. For example, the participants may want one mediator who is an expert in one particular field and another mediator that is an expert in a different field.

In mediations with many participants, two mediators provide more attention to each individual. As a result, the participants may experience a greater feeling of being heard. Further a participant is more likely to develop trust with at least one of the mediators. It is important, however, to make sure that the participants do not feel that one of the mediators is “their” mediator and biased in their favor.

Sometimes, to feel comfortable, participants need their differing ethnicities, genders or ages represented in the mediators. For example, in family law mediations, it sometimes makes the participants more comfortable to have mediators of both genders present. A male participant may otherwise feel that a female mediator would favor his wife, or vis versa. In a mediation involving discrimination issues, it may make a difference to have mediators of different races or ages. Two mediators with different language skills are also helpful when the participants speak two or more different languages.

With co-mediation, the mediators can model good problem solving for the participants as well. Co-mediation is also used to train less experienced mediators.

For co-mediation to work, the mediators have to know how to work together and plan the mediation and their respective roles carefully. Otherwise, two mediators could create distractions that make resolution less likely.

Some people are concerned that co-mediation costs more than single-mediator mediations. It may not cost more if co-mediation in fact results in the mediation being more efficient and less time consuming. Further, if co-mediation is what is needed to resolve the matter, then it is worth the cost.

Alona M. Gottfried is a mediator and attorney who co-mediates upon request with Jared C. Simmons, Esq. She can be reached at 480-998-1500 or Alona@SGLawAZ.com.

Simmons & Gottfried, PLLC

On January 16, 2009 Alona M. Gottfried, Esq. and Jared C. Simmons, Esq. launched a new law and mediation Firm: Simmons & Gottfried, PLLC.

Simmons & Gottfried, PLLC offers legal services in the areas of family law, collaborative divorce law, business law, commercial law, employment law, transactional law and personal injury.  The Firm also offers a full range of mediation services. Mediation can be used to resolve business disputes, law suits and potential law suits, divorces and other family law and domestic partnership disputes, real estate disputes and many other areas of disputes.

Mr. Simmons graduated from Arizona State University in 1991 with dual Bachelor of Science degrees in Psychology and Political Science. In 1996, Mr. Simmons earned his Juris Doctorate from Southern Methodist University College of Law, graduating in the top third of his class. Mr. Simmons is licensed to practice before all courts in the states of Arizona and Texas where he handles a broad variety of civil practice areas including: complex civil litigation, construction litigation, business litigation and, business formation and presentation, as well as mediation. Mr. Simmons devotes his free time to his wife and three sons.

Ms. Gottfried has been a practicing attorney in Arizona since 1995.  A native of Arizona, Ms. Gottfried received her bachelor’s degree in psychology from Arizona State University (Summa Cum Laude; Phi Beta Kappa) and her law degree from the College of Law at Arizona State University (Cum Laude).  Ms. Gottfried is admitted to practice in Arizona and before the United District Court and United States Supreme Court.  Ms. Gottfried practices family and employment law and is also a trained Mediator, a Mediation instructor and a trained Collaborative Divorce Attorney.

The Firm is located at:  3877 N Seventh St. Suite 340, Phoenix, AZ 85014-0001.  The phone number is: 480-998-1500, and the fax number is 480-998-6074.  Mr. Simmons’ e-mail address is: Jared@SGLawAZ.com, and Ms. Gottfried’s e-mail address is: Alona@SGLawAZ.com.

What type of mediation is best for me?

There are three recognized styles of mediation:  facilitative, evaluative and transformative.

In the facilitative process, the mediator structures the mediation and guides the participants gently by asking questions and assisting the participants in developing and analyzing possible resolutions.  The mediator does not share his/her opinions or give advice to the participants.  The participants may or may not remain in the same room during the mediation, depending on the level of acrimony between the participants and other factors.

In evaluative mediation, the mediator is selected for his/her expertise in the area in the dispute.  The mediator offers his/her opinions as to possible outcomes and the reasonableness of positions of the participants.  Themediator may also make recommendations as to possible resolutions.  The mediator is generally an attorney and attorneys are generally present representing the participants.  The participants tend to be placed in separate rooms, and the mediator shuttles back and forth between them.

Transformative mediation gives the participants the power to guide the mediation and transform their relationship themselves.  The participants stay in the same room to facilitate discussions and transformation.  It is the newest form of mediation and is used by such entitites as the United States Postal Service.

Good mediators tend to use techniques from each type of mediation, as the situation requires.  If you choose to commit to one particular process, choose the type of mediation that appeals to you most.   There is not a bad choice.  Any type of mediation is almost always better than any other method of conflict resolution, when parties are interested in resolving conflict and focusing on other, more positive aspects of their lives.

Alona Gottfried is a mediator and attorney with Simmons & Gottfried, PLLC and can be reached at alona@sglawaz.com or 480-998-1500.