Process - Advanced Hybrid Mediation

I am trained in and I practice an advanced hybrid model of mediation, which combines elements of the family and civil/commercial mediation model. It is an invaluable additional resource, which I operate to supplement the established family mediation model.

The main features of Hybrid mediation

In a nutshell, this means that it retains all the existing fundamental principles of family mediation, including confidential meetings with two people and the mediator. Additionally, Hybrid Mediation includes the option of having separate confidential meetings with each participant, with lawyers (where appointed) being able to attend the Hybrid Mediation meetings and, therefore, having a constructive and more direct role in the process. This results in the exploration of issues, addressing concerns, formulating proposals and settlement terms. Within careful boundaries, Hybrid Mediation allows for more flexibility and creativity.

Henry Brown, who established Resolution’s original mediation training and who developed and used this family model of mediation over 15-20 years, says: “This model enhances practice and is ethically sound, it provides what many couples want and need, and it is essential in some cases. I would not now mediate without having the ability to work in this way”.

When can Hybrid Mediation start?

Hybrid mediation can start after the MIAM and from the first meeting. Many people also use this process after they have reached the stage of full financial disclosure themselves in traditional mediation meetings and they then ask their lawyers to join the next meeting, when the negotiation starts.

The advantages of Hybrid Mediation

Hybrid mediation is attractive to participants because their legal advisors are more closely involved. Participants are able to sit in their own rooms with immediate access to their legal advisors. This enables each person to be able to discuss the proposals and options in confidence with their lawyers, to receive immediate legal advice and negotiate a settlement with their own chosen expert at their side. Strategies to deal with any impasse can also be discussed immediately any difficulties arise.

While suitable for all issues arising in day-to-day mediation practice, Hybrid Mediation is particularly suitable where there is high conflict and it is not possible to have an open dialogue.

Complicated matters such as: finances involving family businesses; or inheritance disputes; or complex cohabitation cases; or a complex case involving children with a serious depth of feeling and polarised views. In these circumstances, it is beneficial to have your lawyer on hand.

Participants concerned about feeling intimidated by face-to-face meetings will appreciate the time and space to reflect on options in separate rooms. It can be difficult for some participants to engage in the classic model of mediation when both parties sit in the same room.

The confidential (‘without prejudice’) conversations happen in real time, rather than through letters. This enables me to prevent any possible misunderstandings and breakdowns in communication and we can all suggest creative solutions. I can be flexible over the length of these meetings.

Once a solution is found, the lawyers can draw up the agreement immediately. If consensus is not possible, the participants can continue their discussions without having to find new solicitors, which compares favourably to Collaborative Law, for example.