Going through a divorce can be an incredibly stressful time for both parties. It can also be a difficult time for any children involved, as well as friends or other family members helping you through the process.
Mediation can be an excellent way to discuss the difficult topics that come with divorce, such as financial matters. However, this isn’t always the best choice for certain couples.
If you find that your circumstances don’t suit regular mediation, then you might find that hybrid mediation is a better option. With this in mind, we’re going to be taking a closer look at what exactly hybrid mediation is, how it works and how it differs from regular mediation.
What is hybrid mediation?
Hybrid mediation refers to a process that differs from the standard mediation process commonly used in divorce situations. Regular mediation is a voluntary process that includes a trained third-party mediator to help couples sort out common divorce disputes. However, hybrid mediation is more complex.
With hybrid mediation, other methods often used within the field of dispute resolution can be incorporated. These methods can include collaborative law or arbitration, to name a few.
Those involved in cases that require hybrid mediation often have needs that can’t be settled in regular mediation alone. These needs may require different services, hence why other dispute resolution methods tend to be implemented as well.
Another difference is that during a hybrid mediation session, the parties involved are usually separated. Both will have their solicitors with them, but they remain apart from one another.
How does hybrid mediation work?
As mentioned, hybrid mediation works by bringing together certain elements from dispute resolution, most notably from civil mediation and family mediation.
The process begins when you and your former partner appoint your own solicitors, Once this is done, you will both need to agree upon a mediator. Much like with regular mediation, this will need to be someone from a third party. They can’t be involved with either you or your partner’s legal team.
Before the mediation can begin, you and your partner will need to have a thorough chat with your chosen mediator. This discussion will revolve around the topic of mediation and whether or not it is the best path for both parties. The process will only continue if your situation is deemed well-suited for hybrid mediation.
You can choose to lead your negotiations by yourself, but it is highly recommended that you receive support from an experienced solicitor who has dealt with this kind of mediation before.
While working with your respective solicitors, you and your partner will identify the most pressing issues surrounding your divorce. They will advise you and help ensure you have all the necessary information.
Together the mediator and solicitors will work through the case and inform you and your partner of anything that needs to be gathered.
Your solicitors will focus on the law aspects of the mediation, while the mediator will ensure that discussions are kept civil and within a safe space. Sometimes this is done via an arrangement called a “shuttle.” In a shuttle arrangement, the mediator will go back and forth between you and your partner, who will be in two separate rooms.
What issues are best suited to hybrid mediation?
As mentioned, hybrid mediation is used for more complex divorce cases. This can include a range of different issues, so let’s take a look at some of the most common reasons.
- Time-sensitive problems
- Child maintenance payments
- Parental support for children
- Child arrangement orders
- Pension assets
- General asset distribution
- Safeguarding issues
Advice from expert solicitors
If you are struggling to come to an agreement with your former partner to the point where discussions have become unmanageable – then you could benefit from a hybrid mediation session.
At Osbourne Pinner, we are committed to offering the best advice for those who are unable to resolve their differences with their former partners via the traditional mediation route. Our experienced and friendly divorce and family law team will guide you through the entire hybrid mediation process, as well as the general processes you’ll have to go through when filing for divorce.
Contact us today to book a free 30-minute consultation, fill in our form below, call 0203 983 5080 or email us at [email protected].
