What are the benefits of Hybrid Mediation?
Quicker resolution
Because sessions are longer and lawyers can be present throughout, hybrid mediation avoids the delays that typically arise when participants have to pause a meeting, consult their solicitor separately, and then reconvene. Once proposals are agreed, lawyers can draft the consent order or parenting plan immediately on the day.
More cost effective than you might think
Although lawyers attend sessions in person, their direct involvement in the process actually reduces overall costs. There is less need for correspondence between solicitors, fewer separate meetings to update lawyers on what has happened, and less risk of misunderstandings or position changes arising in the gaps between sessions. The efficiency of a concentrated process often means lower total costs than a drawn-out series of meetings.
Reduces conflict
Separate rooms remove the pressure of face-to-face interaction at moments of high emotion. Each person can speak freely with the mediator, explore options without pressure, and approach the process at their own pace. This often enables people to engage more constructively with the issues than they could in a joint setting.
Empowers and supports participants
For people who might not otherwise feel able to engage in mediation, whether because of the power dynamics in their relationship, a history of domestic abuse, or simply the intensity of the conflict, hybrid mediation provides a structured, safe environment in which they can participate with confidence. Having their own lawyer in the room means they are never without support.
Greater certainty of outcome
Because lawyers are present and advising throughout, there is less risk that one party will leave a session feeling uncertain about what they have agreed, or change their position after taking independent advice. Proposals made in the room are made with full legal knowledge, which makes agreements more durable.
Confidential exploration of options
The ability for the mediator to hold confidences is one of the most powerful aspects of hybrid mediation. It means each person can explore their real priorities, concerns and bottom lines with the mediator privately without those immediately being disclosed to the other party. The mediator gains a far richer picture of where the common ground lies, and is better placed to facilitate a resolution.
When is hybrid mediation appropriate?
Hybrid mediation is particularly well suited to situations where:
- the issues are legally or financially complex and benefit from having solicitors actively involved throughout;
- there is a significant imbalance of power between the parties, or one person feels they cannot adequately represent their own interests without support;
- there are concerns about domestic abuse or coercive control that make joint sessions inappropriate;
- levels of conflict are high and face-to-face joint meetings would be unproductive or distressing;
- one or both parties would feel unable to sit in the same room as the other, even with a mediator present;
- a degree of confidentiality is needed to enable genuine, open exploration of options; or
- previous attempts at standard family mediation have not succeeded and a different model is needed.
Hybrid mediation is not limited to cases where court proceedings have not yet begun. It can also be used where a court application is already underway – the proceedings can be put on hold to allow the parties to attempt resolution through hybrid mediation. Even where full agreement cannot be reached, narrowing the issues can significantly reduce the cost and length of any subsequent court proceedings.
How does hybrid mediation work?
Step 1: Initial individual meetings
The process begins with the mediator meeting each party individually and confidentially. These initial meetings allow the mediator to explain the hybrid mediation process in full, understand each person’s situation and priorities, identify the issues that need to be resolved, and carry out any necessary safeguarding checks to confirm that the process is appropriate.
Step 2: Meeting with lawyers
Where one or both parties have instructed solicitors, the mediator will meet with the lawyers before the main mediation sessions begin. This meeting allows the mediator to discuss the role the lawyers will play, agree how the sessions will be structured, and ensure everyone understands the process and its ground rules. If only one person is legally represented, the mediator will meet with that lawyer and the unrepresented party together.
Step 3: The mediation sessions
The main mediation sessions are flexible in terms of length, structure and who is present. Typically, each party is based in their own separate room throughout. The mediator moves between the rooms, facilitating discussion, sharing information with consent, exploring options and helping each person work towards proposals for resolution.
Lawyers may be present throughout the sessions or at key points, depending on what has been agreed and what is needed. Third-party experts, such as a neutral financial adviser where the finances are particularly complex, can also be involved, either in person or in writing.
There is flexibility for joint meetings where that would be beneficial and both parties are willing. The structure evolves throughout the day based on what the mediator judges will best serve the process.
Step 4: Reaching agreement
If proposals for settlement are reached, the lawyers, if instructed, can immediately begin drafting the outcome documents: a Consent Order, an agreed Parenting Plan, or both. Because the lawyers have been present throughout and understand exactly what has been decided and why, this process is far more efficient than in other models.
Any outcome reached in hybrid mediation must be made into Consent Order, approved by the court, before it is legally binding. Your family lawyer will guide you through this step. You can read more about making outcomes legally binding on our financial issues page.
Confidentiality in hybrid mediation
Confidentiality works differently in hybrid mediation than in standard family mediation, and it is one of the model’s most significant advantages.
In traditional family mediation, the mediator does not hold confidences. Everything discussed in a joint meeting is known to both parties. In hybrid mediation, because the sessions largely take place separately, the mediator can hold certain matters in confidence. This means each person can share their real priorities, concerns, and thinking with the mediator privately, without those being passed to the other party unless they choose to share them.
In practice, this often means the mediator gains a far better understanding of each person’s real interests, as opposed to their stated positions, and is therefore better placed to identify areas of common ground and opportunities for settlement that the parties themselves may not have seen.
There are limits to confidentiality. The mediator cannot keep confidential matters relating to the safeguarding of children, or financial information such as the existence of an asset. The mediator will make clear at the outset of the process which matters cannot be held in confidence.
How to book family mediation?
If you would like an appointment with one of our specialists in Brighton, London, Horsham, Tunbridge Wells, Ascot, Chelmsford, Eastbourne, Fleet, Petersfield or Winchester then please contact us on 0330 055 2234.
