The driver for this has been the increasing amount of trade between East and West. Over 90% of world trade moves by sea. The centre of gravity of world trade may have moved eastwards but there are very substantial trade flows in both directions.
So far as we are aware we are the only Mediation Panel to offer co-mediation employing both a panel member from the Far East (conversant in Mandarin and fluent in English) and a panel member from the West (fluent in English, French and German), thereby offering a joined up co-mediation service.
If you have one good mediator, why do you need more?
Orwellian logic: One mediator good, two mediators better?
In fact there may be many situations in which it is a great advantage to have co-mediation by two mediators who know each other well and each of whom is comfortable with the way the other works. Examples will include multidisciplinary expertise and experience (e.g. a technical person and a lawyer); language and the ability to communicate with each party in his own language; the cultural dimension (books have been written on the complex subject of high and low context cultures and the important cultural signposts to which that can give rise).
In practical terms co – mediation can create good cop/bad cop opportunities which may open up possible solutions which one mediator would’ve struggled to unearth.
Those of you who participated in our International Mediation Institute webinar (or later saw the recording) will have heard practical examples underlining the importance of the cultural dimension.
Provided the co-mediators work well together there are many ways to optimise the process – including:
- Contemporaneous private sessions: counsel hot-tubbed in one session with disputing parties hot-tubbed in the other;
- The flexibility to assist one party in exploring problem solving solutions whilst a private caucus session is continuing with the other party;
- Especially useful for multi-party disputes where there may well be numerous parties present including counsel. By having 2 mediators on the go the ‘downtime’ is minimised when a party is left to his own devices;
- By having co-mediators in tune with the cultural background of each party, you reduce the possibility of missing important cultural nuances – which could well prove pivotal.
- Co-mediation helps parties to better harness their cognitive abilities. Reduction of cognitive abilities can be a real obstacle to settlement. It is also important to recognise that external stimuli like social media can numb the parties ability to recognise and adopt workable and pragmatic solutions.
Lux Mediation Offering:
Two highly experienced Mediators: Lee Wai-Pong and Jonathan Lux offer this service on the basis of two for the price of 1.5. They have nearly 100 years of working experience between the two of them!
Important to bear in mind that having two co-mediators on the go may result in shorter time needed for resolution.
Also, our co-mediators are flexible regarding the seat of mediation – and will hold the mediation wherever most convenient to the parties.
***Please use the Contact Form on this website if you have any comments or questions relating to this service.