Hybrid Mediation: What it is, how it works and when it can help
Hybrid mediation is becoming an increasingly popular way for separating couples to resolve family disputes, particularly where the issues are complex, negotiations have become stuck, or both people would benefit from a more structured and supported process. It is sometimes misunderstood as simply being mediation with solicitors in the room. Although solicitors often do attend hybrid mediation, their involvement is not what makes the process hybrid. Solicitors can attend both traditional mediation and hybrid mediation.
Family courts in England and Wales are under mounting pressure. Financial remedy applications rose in 2025, and cuts to family court sitting days mean that even once a hearing date is set, it can still be cancelled at short notice. Against that backdrop, more separating couples are looking for a way to resolve their disputes that doesn’t depend on the court’s timetable, and hybrid mediation is fast becoming a popular method of non court dispute resolution (NCDR).
Hybrid mediation is a flexible form of family mediation that has grown out of the traditional mediation model, borrowing features long used in civil and commercial dispute resolution. Like traditional mediation, its purpose is to help people reach their own informed decisions in a private, constructive setting, away from a courtroom. What sets it apart is how it’s structured, and in particular, how confidentiality works within it.
It’s a common misconception, so it’s worth clearing this up early: having a solicitor present is not what makes a mediation “hybrid”. Solicitors can, and often do, attend standard family mediation too. What actually defines hybrid mediation is that the mediator is permitted to hold information in confidence between the participants, something that isn’t possible in the traditional model. Solicitor attendance is a common and valuable feature of hybrid mediation, but it’s a consequence of the model rather than the thing that defines it.
In traditional family mediation, everything shared is shared with both participants. If one participant tells the mediator something, the mediator cannot keep it from the other; total transparency is the whole point of the process. In hybrid mediation, by contrast, the mediator can meet separately and confidentially with each participant, and what is said in those private conversations stays private unless the person gives permission for it to be passed on.
This changes the texture of the conversation considerably. Participants often speak more openly when they know a concern or a possible concession won’t be relayed straight away. They can test an idea, admit to a worry, or explore what they might ultimately be prepared to accept, without it being read as a formal opening position. For the mediator, this builds a far richer picture of what each person genuinely needs, as opposed to what they say they want, which is often exactly what’s needed to find common ground.
There’s no single template for a hybrid mediation. Sessions might involve joint meetings, separate rooms with the mediator moving between them, solicitors attending throughout or joining at key moments, and input from other professionals such as financial advisers, accountants or pension experts where the issues call for it. The structure is built around the case rather than the other way around, and that flexibility is one of the model’s biggest strengths.
Sessions also tend to be longer and more concentrated than standard mediation appointments. A half day or full day is typical, rather than the 90-minute meetings used in traditional family mediation. Where solicitors are in the room, they can advise their client in real time as proposals develop. If agreement is reached, that momentum often means drafting can begin the same day.
Not every hybrid mediation ends with a full agreement signed on the day, and that doesn’t mean it hasn’t worked. Even a partial outcome is valuable: it narrows down what’s genuinely in dispute, clarifies what information is still missing, and often closes the gap between two positions that looked much further apart at the start of the day.
Hybrid mediation may be particularly useful in complex circumstances or challenging cases, and it tends to work particularly well where:
● the finances are complex, perhaps involving business interests, multiple properties, or several pensions that benefit from specialist input to unpick;
● there’s a significant imbalance of power between the two people, and one of them wouldn’t feel able to hold their own in a joint meeting;
● conflict levels are high enough that sitting in the same room, even with a mediator present, would be counterproductive or distressing;
● previous attempts at traditional mediation stalled, and a different structure is needed to get talks moving again.
It’s also worth knowing that hybrid mediation isn’t limited to disputes where court proceedings haven’t yet begun. Where a case is already before the court, proceedings can often be paused to allow both people to attempt resolution through hybrid mediation instead, something judges are increasingly willing to encourage given the pressure on court lists.
Hybrid mediation sits alongside a number of other NCDR routes, and it’s worth understanding roughly where it fits. Unlike family law arbitration, where an arbitrator hears both points of view and then makes a binding decision for the couple, hybrid mediation keeps the decision-making with the participants throughout; the mediator facilitates, but never decides. It’s also different from a straightforward solicitor-led negotiation, because the conversation happens in the room, in real time, rather than through an exchange of correspondence over weeks or months. Where a case genuinely can’t move forward through discussion alone, hybrid mediation can also be combined with other processes, such as an Early Neutral Evaluation or a private Financial Dispute Resolution (pFDR) appointment, to give the parties a steer on likely outcomes before returning to the table.
If your case involves complex finances, high conflict, a power imbalance, or has simply stalled under the traditional mediation model, it’s worth discussing hybrid mediation with a family solicitor before issuing, or continuing with, court proceedings. Our team includes a number of specially trained hybrid mediators across Sussex, Surrey, Hampshire, Kent and London, and we’d be glad to talk through whether it’s the right fit for your circumstances.
Get in touch to arrange a conversation with one of our hybrid mediators.
Hannah Viet is a Director, specialist family lawyer and hybrid mediator in our Horsham team.