Samenvatting

Many discussions and tensions exist with regards to the ‘who’ and the ‘how’ of mediation. Who is the better fit for the job? Should it be lawyers, who have claimed the field since ADR has originated some decades ago? Or should we entrust the function more into the hands of psychologists who are trained and educated in the science of human interaction and communication? Both perspectives may also impact the ‘how’, style or methodology of the mediation, be it facilitative or more evaluating. In this article it is argued that both perspectives, lawyers, and psychologists alike, facilitating and evaluating, offer an added value and may contribute to a more appropriate conflict management. We can create a win-win through a more pluralistic approach of both the who and the how of mediation, both externally and internally. Collaboration is key. For all those reasons, co-mediation may oftentimes present a useful approach to managing the conflicts at hand.