Hybrid Mediation

Hybrid (or lawyer assisted, or supported or integrative) mediation

What is it?

Where one or both of you have your lawyers present in mediation. The lawyer(s) can be there all the time, or from time to time, in person (on Zoom or in the room) or just on the phone. They sign the Agreement to Mediate, or similar document, so that they are also bound by the rules of confidentiality. (Think ‘Vegas’ rules — what happens in mediation stays in mediation).

The mediator works with the lawyers to create the agenda (what you’ll speak about or want to sort out) and resolve minor issues before getting started. The mediator will stop a lawyer grandstanding and other negative behaviours that prevent settlement.

The mediator can and will keep confidences and hold separate meetings, known as caucusing. Such confidences are not usually allowed in ordinary family mediation. The mediator can use confidential information to help create solutions.

The mediator continues to work for all in a neutral, helpful and often directed way. Ultimately, lawyer involvement means legally binding documents are finalised with ease.

Could this work for me?

Yes: if your lawyers are not getting anywhere in their letter/email writing. It feels like they are going at each other, falling out over everything and getting nowhere.

Yes: you have a lawyer but your ex does not (or sometimes has a lawyer and sometimes doesn’t) — a litigant in person. The mediator is a trusted professional who can explain the law, practice and procedure to the litigant in person. This can move things forward.

Yes: where there are high levels of conflict between you (and normally you’d have to go to court). The mediator can use their skills to sort things out including using separate meeting rooms (or Zoom rooms) and liaising with everyone.

Yes: when one of you would like to try mediation but doesn’t feel confident on their own. They can then get ‘in-the-moment’ legal advice thus can make deci- sions quickly.

Yes: where the issues or the law in the case are complex.

Yes: the mediator will stop a lawyer from grandstanding or being unhelpful.

Advantages 

• Having lawyers in the room can reduce the to-and-fro between them after mediation. Legally binding documents can be created in the process, saving costs.
• The mediator can bang heads together to reduce argy-bargy between everyone.
• The mediator may bow out when negotiations are in the final throes to save you money.

Disadvantages

• Having lawyers in the room with the mediator begins to get expensive. 
• Getting four or five people together at the same time may not be easy. That said, lawyers really like this process and usually make themselves available.

How do I prepare?

1. Save money and time by doing as the mediator and lawyer.
2. Gather information/documents needed in good time and in good order.
3. Go to the sessions with an open mind.
4. Encourage your lawyer to be ‘deeply helpful’ — meaning that they won’t get in the way of an acceptable settlement.
5. Look after your mental health and well-being. Work with a therapist to help sift helpful thoughts from unhelpful ones.
6. Make sure you eat before the session so your blood sugar is stable.

What other non-court options could this be used with?

• Early neutral evaluation: if your lawyers disagree on the law, they could jointly instruct an early neutral evaluator (ENE).
• Child inclusive mediator: to check in on the children.
• Arbitration: if you can’t reach a settlement on some or all issues then you could agree to be legally bound by a decision by an arbitrator called an arbitral award.

Hybrid (or lawyer assisted, or supported or integrative) mediation

What is it?

Where one or both of you have your lawyers present in mediation. The lawyer(s) can be there all the time, or from time to time, in person (on Zoom or in the room) or just on the phone. They sign the Agreement to Mediate, or similar document, so that they are also bound by the rules of confidentiality. (Think ‘Vegas’ rules — what happens in mediation stays in mediation).

The mediator works with the lawyers to create the agenda (what you’ll speak about or want to sort out) and resolve minor issues before getting started. The mediator will stop a lawyer grandstanding and other negative behaviours that prevent settlement.

The mediator can and will keep confidences and hold separate meetings, known as caucusing. Such confidences are not usually allowed in ordinary family mediation. The mediator can use confidential information to help create solutions.

The mediator continues to work for all in a neutral, helpful and often directed way. Ultimately, lawyer involvement means legally binding documents are finalised with ease.

Could this work for me?

Yes: if your lawyers are not getting anywhere in their letter/email writing. It feels like they are going at each other, falling out over everything and getting nowhere.

Yes: you have a lawyer but your ex does not (or sometimes has a lawyer and sometimes doesn’t) — a litigant in person. The mediator is a trusted professional who can explain the law, practice and procedure to the litigant in person. This can move things forward.

Yes: where there are high levels of conflict between you (and normally you’d have to go to court). The mediator can use their skills to sort things out including using separate meeting rooms (or Zoom rooms) and liaising with everyone.

Yes: when one of you would like to try mediation but doesn’t feel confident on their own. They can then get ‘in-the-moment’ legal advice thus can make deci- sions quickly.

Yes: where the issues or the law in the case are complex.

Yes: the mediator will stop a lawyer from grandstanding or being unhelpful.

Advantages 

• Having lawyers in the room can reduce the to-and-fro between them after mediation. Legally binding documents can be created in the process, saving costs.
• The mediator can bang heads together to reduce argy-bargy between everyone.
• The mediator may bow out when negotiations are in the final throes to save you money.

Disadvantages

• Having lawyers in the room with the mediator begins to get expensive. 
• Getting four or five people together at the same time may not be easy. That said, lawyers really like this process and usually make themselves available.

How do I prepare?

1. Save money and time by doing as the mediator and lawyer.
2. Gather information/documents needed in good time and in good order.
3. Go to the sessions with an open mind.
4. Encourage your lawyer to be ‘deeply helpful’ — meaning that they won’t get in the way of an acceptable settlement.
5. Look after your mental health and well-being. Work with a therapist to help sift helpful thoughts from unhelpful ones.
6. Make sure you eat before the session so your blood sugar is stable.

What other non-court options could this be used with?

• Early neutral evaluation: if your lawyers disagree on the law, they could jointly instruct an early neutral evaluator (ENE).
• Child inclusive mediator: to check in on the children.
• Arbitration: if you can’t reach a settlement on some or all issues then you could agree to be legally bound by a decision by an arbitrator called an arbitral award.