What is Hybrid Mediation in Family Law?

Resolving disputes amicably in high-conflict or complex divorce cases can be challenging. Mediation is a valuable way for many separating couples. However, it may not provide the flexibility or additional support needed in more complex situations. This is where hybrid mediation comes in.

A type of alternative dispute resolution, hybrid mediation can be used when communication may be strained or there are legal complexities involved. It blends the best elements of traditional family mediation with the benefits of solicitor involvement and provides you with the space to express concerns privately and work towards a solution at a manageable pace.

Hybrid mediation is a dispute resolution method that involves both a mediator and your family law solicitor. In standard mediation, both you and your ex-partner would meet together with a mediator. In hybrid mediation, you each have private, confidential meetings with the mediator. This is known as “shuttle mediation”. It means that you speak openly and honestly with the mediator without the added pressure of being in the same room as your ex-partner.

You can have your solicitor present during the mediation sessions and/ or consult with them outside the sessions for advice and support. This enables you to have the benefits of both legal guidance and the mediator’s impartial assistance to help you reach a workable agreement.

This type of hybrid mediation is well-suited if your divorce is financially complex or there are issues with communication. This can include, but is not limited to:

• Where there is a significant power imbalance between the parties
• Where you or your ex feel unable to speak freely in the presence of the other
• Cases involving allegations of coercive or controlling behaviour
• Financial disputes involving significant assets, business interests, or pensions
• Parenting disputes where communication has broken down
• Where you or your ex would like to involve solicitors directly in mediation

Although hybrid meditation allows you to work through issues at a manageable pace, it can also be a good option to choose when speed is important. It can often help resolve matters more quickly than traditional mediation or court proceedings.

The option of hybrid mediation offers five main advantages:

1. Confidentiality and less confrontation
Private meetings with the mediator mean you can share your concerns without escalating tensions.

2. Legal advice throughout the process
You can be supported by your solicitor before, during, and after sessions, ensuring you fully understand your rights and the implications of any proposed agreement.

3. Increased flexibility and reduced pressure
Hybrid mediation offers a way to have greater flexibility as to when your sessions take place. You and your ex won’t be in the same room or online call, which can help reduce anxiety.

4. Faster resolution
Both you and your ex will have separate sessions with your mediator and will have your solicitors involved in the process. This means both you and your ex can speak more openly which can help lead to quicker agreements.

5. Reducing future disputes
Because you can express your needs more clearly and without confrontation, the agreements reached through hybrid mediation can often be more realistic and lasting. This helps reduce the likelihood of future disputes and promotes long-term co-operation, especially important when dealing with child arrangements.

You will normally start with an initial Mediation Information and Assessment Meeting (MIAM). Your mediator will assess if hybrid mediation is appropriate for your case and if you and ex-partner agree to the process. Once agreed, the key features of the process include:

1. Separate meetings: You each meet privately with the mediator, either in-person or online. Sessions are confidential and you can share your concerns and priorities without judgement or interruption.

2. Solicitor involvement: You can attend sessions with your solicitor so you have your own legal advice before agreeing to any proposals.

3. Shuttle negotiation: The mediator will move between sessions with you and your ex-partner. They will help clarify positions and explore possible solutions. There is no direct confrontation and sessions can be more focused and productive.

4. Confidential discussions: The mediator in hybrid mediation can keep certain matters confidential from the other party if requested. This creates space for you to discuss ideas or concessions that might otherwise be difficult to raise.

5. Final agreement: Once proposals have been agreed upon, your solicitors can draft a legally binding consent order to be submitted to the court.

A modern and adaptable solution for separating couples, hybrid mediation is a useful option to consider if you have a complex divorce or are struggling to find common ground. It can help you reach a fair and lasting agreement privately and with less confrontation.

Our specialist family law solicitors in Milton Keynes are here to provide tailored advice on whether hybrid mediation is right for your situation.

In addition to our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand.

Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.