Frequently Asked Questions
In this blog Emma Post, an ‘all issues’ and hybrid mediator, answers commonly asked questions about using hybrid mediation for family disputes.
Going to court should be a last resort to resolve most family disputes. Right now, our family courts are overwhelmed. Delays are severe, resources are stretched, and families are often left in limbo during one of the most difficult times of their lives.
With the right professional guidance and mindset, many couples start the process on a road of less conflict which sets a more cooperative tone for finances and child arrangements. This, coupled with the expectation by the Court’s that in appropriate cases couples will seriously consider the use of non-court dispute resolution (such as mediation) to help reduce the issues or to reach agreement before litigating.
What is Hybrid Mediation?
Hybrid Mediation is a combination of the civil and family models of mediation. It can be particularly suited to high conflict or complex cases, as participants can involve their lawyers directly in the process giving them additional support, as well as direct and timely access to legal advice, as part of the mediation process.
What Are the Benefits of Hybrid Mediation?
- Speed: mediation can take place over the course of a ½ a day or a day depending on the issues. It usually requires fewer sessions and outcome documents produced immediately;
- Cost: takes less time, and involves less duplication of effort when lawyers are involved at the mediation meetings, rather than advising between mediation sessions;
- Reduces conflict: this means both parties can focus on the issues and outcomes in a calmer and more rational way;
- People feel empowered and supported;
- Increases certainty of outcome: As people’s lawyers can be involved and the process is more efficient, there is less risk that someone may change their minds as can happen when advice is only sought between meetings;
- Confidential: People can confidentially explore options with the mediator without commitment or raising expectations.
What Sorts of Family Issues Can be Sorted Using Hybrid Mediation?
All manner of family issues including:
- financial matters (including those with an international element) and Schedule 1 Children Act 1989;
- inheritance issues;
- wider family disputes that may involve other family members such as parents or grandparents.
When is Hybrid Mediation Appropriate and How is it Different to Other Family Mediation?
Hybrid mediation is particularly useful in the following situations:
- When the issues in the case are complex;
- Where separate meetings (which can be supported by lawyers directly throughout the process) would be beneficial to the parties;
- When either of the people may feel unable to sit in the room with the other person;
- If there is an imbalance of power between the participants to the mediation;
- Where there are high levels of conflict;
- If there is a concern about domestic abuse, an imbalanced power dynamic, or another reason why either person finds it hard to have a voice;
- Where an element of confidentiality is needed as the mediator can keep confidences, to assist in reaching a compromised outcome;
- Meetings can take place over a half or full day;
- People do not have to delay discussions in order to consult with their solicitors between meetings;
- Other professionals such as neutral financial experts can be involved;
- Lawyers are better able to draft the outcome documents having been involved throughout, and can do so promptly as soon as agreements have been reached.
How Does Hybrid Mediation Work?
- Initial separate Pre-Mediation Meetings are held with the participants to screen and explore the issues;
- (If lawyers are supporting), a short meeting with both lawyers takes place to discuss their role, the information needed, and the format of meetings. Meetings can be in person or online, together or in separate rooms.
- Hybrid mediation meetings then take place separately or jointly or a combination of both. Lawyers do not need to attend all meetings, equally a couple can start in ‘traditional’ mediation and move to hybrid mediation if the Agreement to Mediate allows;
- Lawyers’ roles are to support their clients and give independent legal advice: the mediator remains in control of the process and discussions are between the participants;
- If a mediated outcome is achieved, the lawyers can immediately draft the necessary outcome documents.
What is Important About the Ability to Hold Confidences?
The participants can discuss things with the mediator in a way they might not feel comfortable doing if the other person were also present. They can explore options with the mediator without commitment or raising expectations.
Whilst participants may wish for the mediator to hold a confidence for different reasons, often this includes the reasoning behind options for settlement or the people’s hopes and concerns.
How Do I Arrange Hybrid Mediation?
If you have a solicitor, they can help you find a mediator trained in the hybrid model, or you can self-refer. The resolution website www.resolution.org.uk has a list of mediators including those trained in the hybrid model. The mediator will talk you through the steps to getting the process started.
What Are the Costs Involved?
Hybrid mediation is very cost effective but tend to be by block of time rather than hourly rates. The costs of the mediator in hybrid mediation are generally met equally by the participants but can be in whatever proportions they decide. Each person will be responsible for their own lawyer’s costs. The lawyers’ direct involvement in the process reduces the need for people to liaise with their lawyers between meetings.
We Can Help
Discussions about your financial arrangements and child arrangements can be emotionally charged and complex. Our family law mediators can help you reach clear, fair, and sustainable arrangements, mediation and our family law specialists can support you through mediation.
If you would like to discuss Mediation or Hybrid Mediation due to separation or divorce, contact us to discuss your next steps.
