Hybrid Mediation

Involving Lawyers in the Family Mediation Process

HYBRID MEDIATION INFORMATION

Involving Lawyers in the Family Mediation Process

Sometimes, usually towards the end of the mediation process, it is useful to involve lawyers.  This is common in non- family mediation e.g. between companies.

Involving lawyers has costs consequences. You pay for the lawyer as well as the mediator – so why might you consider this?

1. Some people who come into mediation prefer to have the support of their lawyer to negotiate.
2. If the mediation is “shuttle” (no meetings in the same room) it may be helpful if your lawyer is present because you may feel emotionally or financially vulnerable.
3. Towards the end of the negotiation process there may be some legal arguments which need to be focused upon and you may feel it is easier for the lawyers to address this.
4. Your lawyer can be detached from the emotions of the situation that you may feel.
5. Confidentiality rules can be different if you have your lawyer there.  The usual family mediation means the mediator does not keep any confidences. All information is shared between you.  Hybrid family mediation means the mediator does keep separate confidences.  The mediator only discloses to each side what the other authorises.  This means that mediators can have separate, confidential meetings with each party, and can assist with finding solutions to reach an agreement.  You can talk through alternative ideas in separate meetings and “test the water”.
6. A Hybrid mediation is often longer - usually half a day or all day – the aim is to get an acceptable solution.  This gives more time to find an outcome that everyone is satisfied with, knowing that legal advice can be given there and then.