Date Published: 21/03/2024

Author: Margaret Kelly-Edwards, Consultant

I am a trained hybrid mediator, more and more often I am being asked questions about the process.

Below I have set out 10 of the most common questions from clients together with answers prepared in conjunction two fellow hybrid mediators, Matthew Richardson and Rebekah Gershuny.  I hope you find this useful and if you would like any further information, please do not hesitate to contact me on margaret@kmjsolicitors.com.

1             What is Hybrid Mediation?

A combination of the civil and family models of mediation.  It is 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.

2             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) relating to a divorce or cohabitation breakdown, children matters, inheritance issues and wider family disputes that may involve other family members such as parents or grandparents.

3             When is hybrid mediation appropriate?

• When the issues in the case are complex.
• Where separate meetings (which can be supported by lawyers) would be beneficial.
• 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 people taking part in 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.

4             How is hybrid mediation different to other family mediation?

• People can have the support of their lawyers directly and throughout the process.
• People (and their lawyers, if needed) usually sit in separate rooms.
• The mediator can keep confidences in order 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.

5             How does hybrid mediation work?

• Initial separate meetings with the participants to screen and explore the issues.
• If lawyers are supporting, a meeting with both lawyers to discuss their role, the information needed and the format of meetings.
• Hybrid mediation meetings then take place separately or jointly or a combination of both. Lawyers do not need to attend all meetings.
• Lawyers’ roles are to support their clients and give independent legal advice as required: 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.

6             Confidential meetings – what are the benefits?

People can discuss things with just the mediator in a way they might not feel comfortable doing if the other person were also present. People can explore options with the mediator without commitment or raising expectations.

7             Confidential meetings – what sort of things might be confidential?

This is specific to each person and situation but normally includes the reasoning behind options for settlement or the people’s hopes and concerns.

8             Benefits of Hybrid mediation

• Quicker: mediation can take place over the course of a day. Usually requires fewer sessions than other types of mediation and outcome documents produced immediately.
• Cost effective: 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: thereby enables focus on the issues and outcomes in a calmer and more rational way.
• People are 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.

9             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 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.

10           What are the costs involved?

Hybrid mediation is very cost effective. 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 unless otherwise agreed. The lawyers’ direct involvement in the process reduces the need for people to liaise with their lawyers between meetings. It reduces the need for solicitor to solicitor correspondence. Outcome documents can be produced immediately.

Margaret Kelly-Edwards is a Consultant at Ketley Miller Joels. Should you wish to contact her or one of our other solicitors, please write to info@kmjsolicitors.com or call 0203 709 6895.

Posted on 21/03/24