Legal researchers have determined that co-mediation is “superior to solo mediation.” See Love, Lela P. and Stulberg, Joseph P., “Practice Guidelines for Co-Mediation: Making Certain that ‘Two Heads are Better than One’” (Spring 1996). 13 Mediation Q. 179. So what is co-mediation? Simply, this is a mediation structure that features two mediators working in tandem. While its success in improving efficiency and efficacy is well documented, it is not as prevalent in litigated cases in Southern California for two distinct reasons: 1) successful co-mediation requires a dynamic team that has years of experience working together; and 2) many mediators in Southern California are reluctant to share fees with a counterpart. Yet, with the abundant choices of mediators in our region, it is a “buyer’s market” and sophisticated counsel should consider co-mediation.
To delve deeper into the advantages of co-mediation, please see our article printed in the Los Angeles and San Francisco Daily Journal on June 14, 2019. The Advantages of Co-Mediation.Daily Journal