Hybrid Mediation is a progressive and dynamic dispute resolution model. This innovative method brings together the best aspects of both commercial and family mediation, ensuring flexibility and efficiency in handling even the most complex cases. It enables participants to engage in mediation while (generally) having direct legal support throughout the process. This, unlike traditional family mediation, ensures that lawyers can be actively involved during discussions, offering immediate guidance and support to their client.
This approach is particularly effective for complex financial cases, high-conflict child arrangements, domestic abuse concerns, and cases involving inheritance or extended family disputes. By merging elements of commercial mediation, Hybrid Mediation ensures a highly flexible, confidential, and resolution-driven process.
What are the benefits of Hybrid Mediation?
Hybrid mediation is an alternative to standard family mediation
Standard family mediation has been a highly effective form of dispute resolution that has been supporting families for many years and and will continue to do so. Standard family mediation tends to operate with participants alone (no lawyers) attending a number of 1.5 to 2 hours meetings with breaks of a few weeks or so in between. These gaps are very important for participants to be able to obtain independent advice and to reflect. However, many cases are simply not suitable for standard family mediation, and so will be provided with a certificate after the initial meeting (MIAM). This generally means that the individual will need to divert to formal court proceedings with or without legal support, which can be very daunting, stressful and time consuming.
Hybrid Mediation stands out as an inclusive and adaptable option for cases that are unsuitable for standard family mediation, that still wish to utilise dispute resolution. It allows for the direct involvement of lawyers and other professionals or experts, integrating the benefits of commercial mediation while still focusing on the unique sensitivities of family disputes. Importantly, Hybrid mediation also allows confidential dialogue with the mediator, which can be very important for participants and their lawyers.
When is Hybrid Mediation Appropriate?
Hybrid Mediation is a highly effective method for resolving disputes, particularly in complex cases that require legal or expert input. It is particularly useful when participants would benefit from private meetings with their mediator and lawyers during the process. This approach is also beneficial if one or both parties are uncomfortable working in proximity to the other participant (even if working in shuttle between rooms), without support. Hybrid Mediation is helpful for situations where there is an imbalance of power between participants, concerns regarding domestic abuse or safeguarding, or when confidentiality is essential for sensitive discussions. Additionally, it facilitates urgent decisions on finances or child arrangements, and in the event that disputes are not fully resolved it may path the way for arbitration with the use of a med-arb agreement.
Legal and other professional support for participants
Hybrid Mediation allows lawyers to be actively involved throughout the process, and they will help guide whether other professionals should be utilised to provide advices either on a joint or independent instruction. Expert input from financial specialists or family consultants can also be integrated when needed, ensuring a well-rounded approach to dispute resolution.
This flexibility with Hybrid Mediation also means sessions can be scheduled for half days or perhaps just one full day, with legal guidance provided in real-time, assisting focus and efficient resolution in many cases. The process is further streamlined by the prompt drafting of outcome documents by legal representatives during or shortly after the mediation, ensuring an efficient and often cost effective resolution.
What can you expect from Hybrid Mediation?
Arranging Hybrid Mediation is a straightforward process. If you have a solicitor, they can contact us directly, or we can reach out to them on your behalf. If you are self-referring, we will guide you through each step of the process to ensure a smooth experience.
The process is intended to be fluid, but if helpful, Hybrid Mediation begins with an initial consultation, where each participant meets individually with the mediator to assess suitability and outline key issues. If lawyers are involved, they may helps define roles and expectations, regarding other stakeholders. If lawyers do not attend that meeting, a separate joint of private meeting with lawyers can be arranged.
Mediation sessions are then conducted in either joint or separate meetings, depending on the participants’ needs and preferences. Throughout the process, legal support is available to provide real-time advice to their clients while the mediator facilitates discussions.
What else if different?
Confidentiality is a cornerstone of Hybrid Mediation. Private meetings allow participants to speak openly with the mediator without fear of commitment, explore potential solutions before presenting them to the other party, and express concerns and goals in a secure setting. Confidentiality also extends to settlement proposals, personal concerns, and strategic negotiation considerations, ensuring a safe and constructive mediation environment.
Will my Child’s voice be heard in HYBRID mediation?
Absolutely. If this is something that participants and their child/ children wish to explore. You can decide which professional(s) you may wish to involve, to what extent and how. From engagement with CAFCASS, or other professionals working with you and your child/ children, to utilising Child Inclusive Mediation, your mediation can ensure that children who wish to express their view or opinion are able to do so.
Is it Hybrid mediation more expensive than standard Family Mediation?
Hybrid Mediation is a cost-effective alternative to prolonged legal disputes and will often cost the same, perhaps less than standard mediation. Fees are typically shared between participants or allocated as agreed, with each party responsible for their own solicitor’s fees (as usual). Other mediator -drafted documentation such as MOU’s and Parenting plans will not be necessary as these will be incorporated in the final resolution documentation drafted by legal representatives if present.
Do I need to have a lawyer with me to participate in Hybrid mediation?
Having a lawyer present is not essential, but is often seen as one of the key benefits of Hybrid mediation. Your mediator will explore the pros and cons of the various formats with you to ensure you are comfortable, and standard mediation format may be preferable in order to allow you time in between meetings to reflect and seek advice.
What is a Med-Arb agreement within HYBRID mediation?
A Med-Arb (Mediation-Arbitration) agreement within Hybrid Mediation allows parties to first attempt resolution through mediation. If mediation does not lead to a full agreement, the process seamlessly transitions to arbitration, where a neutral arbitrator makes binding decisions on unresolved issues. This approach ensures efficiency, reduces delays, and provides certainty in cases where mediation alone may not be sufficient. It combines the flexibility of mediation with the finality of arbitration, making it a structured yet adaptable dispute resolution method.
(For more information about the difference between mediation and arbitration see our blog here)
Why Choose Hybrid Mediation?
In conclusion, in my view Hybrid Mediation is an excellent, forward-thinking alternative to traditional family mediation, designed and facilitated by some of the most experienced mediators in the field. By incorporating legal support and expert advice within a structured mediation process, or processes such as early neutral evaluation or Med-Arb arrangements it offers a practical, efficient, and highly effective resolution path for complex family disputes.
If traditional family mediation is not an option, or not the preferred route, Hybrid Mediation provides the flexibility and structure needed to achieve fair, lasting agreements while minimising conflict and stress.
For more information, contact us today to discuss how Hybrid Mediation can work for you or book your Intake meeting (MIAM) here.
Serena Davis – Hybrid Mediator Latitude Mediation
Have a question? If you have any questions about mediation, whether it is right for you, or anything else, please get in touch.
Professional accreditations
All our workplace mediators have significant mediation experience and are fully accredited and insured as such. We are fully compliant with the European Code of Practice for Mediators 2004 and Latitude Mediation Code of Practice 2020. See also Latitude Mediation Rules 2020. All our associated mediators are fully accredited members of the Civil Mediation Council (CMC) or College of Mediators.
Associations
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