Mediation can be an effective way to resolve relationship disputes and to help parties come to an agreement that will allow them both to move forward. However, traditional mediation may not be suitable for couples that require extra professional support. In this article, we look at hybrid mediation - a progressive and innovative solution.
What is hybrid mediation and how is it different?
Hybrid mediation is when a couple chooses to reach an agreement using mediation, but they also wish to have the support of professionals such as their respective solicitors. During hybrid meditation, the parties’ lawyers may be present to assist their clients during the process. The mediator may also choose to bring other professionals into the process such as financial advisers, valuation experts, social workers or any other relevant person.
Unlike typical family mediation where sessions are held with both parties present, the hybrid process allows for ‘shuttle’ mediation. This is where the mediator will spend time with each of the parties and their solicitor to explore their respective positions in more detail.
Why use hybrid mediation?
Hybrid mediation can be particularly useful if there are issues of safety. If one party does not feel comfortable meeting with the other, or even participating in a video conference with them, the shuttle mediation process can be used. Safeguarding in family law cases is important, and hybrid mediation allows partners who are fearful to have their voice heard in the mediation process.
Secondly, engaging professionals in the mediation process can lead to better outcomes for both parties. Naturally, such professionals have the knowledge and skills to fully advise the parties on their position which can help them to make more informed decisions about any proposal put forward. The result is that couples are more likely to reach agreeable, fair and workable settlements, quicker.
As with all types of mediation, hybrid mediation is a much faster solution than going to court. The assistance of professionals during the hybrid mediation process can mean that much of the preparation for the actual mediation meetings can be done in advance, and in many cases disputes can be settled in a matter of days. Having a solicitor present at mediation can avoid the delay of taking meetings between sessions to get advice on each proposal, and can often mean that agreements are in place by the end of pre-booked mediation sessions over the course of a day. Your solicitor can then draw up a consent order based on the discussions at the meeting right away.
In addition, having lawyers and professionals involved can increase the certainty of outcome. Having the input of such professionals throughout the process means that parties are fully informed of what they are agreeing to, which makes them less likely to change their mind on matters at a later stage.
The efficiency of hybrid mediation means that it is also more cost-effective. When lawyers are actively involved in mediation sessions it means less time is taken up with communications, drafting revisions, and relaying information. There is also less chance of miscommunication or disagreements between the parties’ solicitors.
As previously discussed, hybrid mediation can mean separate meetings which means there is less opportunity for direct conflict. Parties can avoid the often emotional difficulty that comes with a joint meeting and focus on the outcome in a calm, rational environment.
Importantly for many people, mediation negotiations are completely private and confidential.
All statements and documents are kept private and cannot be accessed by anyone who is not involved in the process. Many high-profile individuals use mediation as when a case goes to court, details may be accessed by the press or made public by family members on social media.
Who is hybrid mediation most suitable for?
Hybrid mediation is most suitable for cases which are particularly complex or involve a high degree of conflict. The hybrid mediation process allows lawyers to be present, which can make the parties feel protected. It also means that lawyers are present to guide their clients and advise them as the process moves forward, which can help to avoid ‘heat of the moment’ comments and arguments which can escalate tensions between parties. When parties to hybrid mediation are supported by the lawyers and other professionals, it is easier for them to focus on reaching an agreement, rather than what went wrong or the more emotive parts of the divorce process.
Contact our Divorce and Family Mediation Lawyer, London
For mediation in divorce and children cases, our specialist mediation lawyer can help advise you and provide guidance on all of the possible options open to you. Contact Lewis Nedas Law today on 020 7387 2032 or complete our online enquiry form.
