A Guide to Hybrid Mediation

While traditionally couples sought to resolve the issues arising from family breakdown through the court system, it is now recognised as a method that is highly stressful, expensive and subject to lengthy timescales. Cheaper, faster and less stressful than the family court process, the past decade has seen a sharp increase in couples using alternative non-court methods to dispute resolution (NCDR), such as mediation and collaborative law.

Here, we take a closer look at hybrid mediation, how it differs from traditional mediation, the specific benefits of the process and when it is most appropriate to use it.

What is mediation?

Mediation is an excellent way for couples to resolve issues arising from family breakdown without resorting to the courts. The process involves a neutral and impartial family mediator helping a couple to reach agreements on issues such as who lives where, child contact arrangements and how the matrimonial pot is divided between them.

Where couples engage in the process with a spirit of goodwill, the mediator can often help them to reach agreements on issues that they were unable to resolve between themselves. The process can be highly cost effective, much quicker and far less stressful than going to court, as the couple retain control over both the frequency of the sessions and the agreements reached.

Research studies consistently highlight the positive impact of using NCDR methods, such as mediation to deal with the fallout from divorce and separation, particularly on children caught in the crossfire. In fact, the government now require all couples to attend a Mediation Information & Assessment Meeting (MIAM), before embarking on court proceedings.

What is hybrid mediation?

Hybrid mediation is a form of mediation where a couple have the support of their respective lawyers throughout the process. Each party sits in a separate room alongside their legal advisor, while the mediator ‘shuttles,’ going between each room discussing the issues at play. The mediator remains in control of the session, with the lawyers present to provide any relevant legal advice.

While traditional mediation is transparent, with both parties usually in the same room, hybrid mediation offers more privacy and flexibility. The parties can discuss issues with the mediator which remain confidential unless they give consent for them to be shared. This confidentiality and control of information fosters trust, allowing the parties to explore options and test potential solutions without any binding expectations.

What are the benefits of family hybrid mediation?

While many of the benefits of hybrid mediation are like those of traditional mediation, hybrid mediation can often resolve matters more quickly, making it highly cost effective.

More specifically, the benefits include:

• A reduction in the levels of confrontation, stress and anxiety with the parties able to discuss their issues in a supported and calm environment.
• The parties retain control of the eventual outcomes.
• The process is highly cost-effective as the mediator’s costs are shared by both parties and the direct involvement of both lawyers reduces the need for additional meetings and correspondence, with any agreements reached drawn up immediately.
• It is also a speedy way to resolve family issues, with the process only taking from a few hours to a whole day.

When is hybrid mediation most appropriate to use?

While hybrid mediation can support the resolution of all family conflicts, it is particularly suitable for the following situations:

• Where a decision needs to be made urgently, such as issues involving a child or a pressing financial need, hybrid mediation offers the chance to resolve matters swiftly.
• Where there is high conflict, lawyer-supported meetings alongside a neutral mediator can be beneficial in calming things down.
• Where there is an imbalance of power or concerns about domestic abuse, hybrid mediation offers increased support throughout the process of resolution.

At Tisshaws we have three family mediators, Richard, Hana and Verity. Both Richard and Hana have achieved Accredited Mediator status which enables them to conduct Mediation Information & Assessment Meetings and mediation sessions under the government voucher scheme. 

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £150 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.