Hybrid Mediation

This article was first published by, and is reproduced with kind permission from, the Family Separation Support Hub?

What is Hybrid Mediation, and why consider it??

Many people think that mediation is not for them. This may be because:-?

·???????? Their issues are very complex and they do not feel able to tackle and discuss topics with expertise and confidence.

·???????? Their relationship with their ex is so toxic or conflictual that they are not willing to be in a room with them to sort out their disputes.

·???????? They are intimidated by their ex, have concerns about domestic abuse or there is an imbalanced power dynamic.

·???????? They are generally lacking in the confidence that they can express themselves clearly and get their views across.

Whilst mediation is not always appropriate, Hybrid Mediation, or ‘family assisted mediation’ may well be suitable in any of the circumstances above. ?

Hybrid Mediation is one of the family mediation processes, in which participants are supported by their lawyers during the mediation.

This means that the participants attend the mediation meetings with their lawyers. They usually sit in their own separate room with their lawyer and the mediator shuttles between the rooms.?

The role of the lawyers is to support and give legal advice to their clients and to help them to focus on the issues, explore the options and formulate proposals for settlement.???

Hybrid Mediation is appropriate for discussing both financial and child arrangements.

What is the process? ??

Participants first meet with the mediator in separate, confidential meetings.?

The mediator will then meet with the lawyers and participants to discuss a roadmap for the process. ? ?

Subsequent joint meetings take place either on separate days or over the course of one day. The Participants and their lawyers generally sit in separate rooms and the mediator shuttles between. The participants decide when their lawyers attend the meetings.

It is also possible for other third-party experts to be included in the mediation process, such as financial neutrals, or pension experts.? Lawyers can draft any letters of instruction that might be required.?

At the end of the process the lawyers will formalise the documentation so that agreements can be made legally binding.??

What are the benefits of Hybrid Mediation? ?

·???????? Supportive process: Hybrid Mediation provides a safe and managed environment where participants are supported by their lawyers and who can give advice in real time.?

·???????? Quicker: Having lawyers directly in the process avoids delay as participants do not need to take time to seek legal advice between meetings. At the end of the mediation, lawyers can draw up all of the necessary documentation to enable agreements to be made legally binding.

·???????? Safe: Participants sit in separate rooms which gives them confidence to express themselves safely, which helps them to feel empowered and gives them confidence about the issues that affect them and their family.?

·???????? Reduces stress and conflict: sitting in separate rooms reduces the emotional stress and conflict that can occur when participants are sitting in the same space. Having the support of lawyers can also help participants to think more clearly and focus more rationally on the issues.

·???????? Cost effective: Being involved in the process, participants do not have to spend time explaining the issues to their lawyers. This also means that there is likely to be less disagreement or misunderstanding between the parties’ lawyers resulting in less inter-solicitor correspondence and discussion.

Hybrid Mediation provides a more supportive process for resolving family disputes, that empowers participants and gives them the support that they need throughout to enable them to reach long lasting and sustainable agreements.

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Rebekah Gershuny is an accredited Family Mediator and founder of Evolve Family Mediation based in Watford and a consultant Family Solicitor at Freemans Solicitors

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If you would like further information about hybrid mediation and how can it help, please contact Rebekah by email on [email protected] or 01923 909343.