Hybrid Mediation

We recommend that if it’s possible to resolve family matters outside of court, then do it. The family law court is an important and necessary place to sort out serious issues that are often urgent or highly contentious. In the majority of cases, however, it is possible to reach an agreement that is acceptable for all parties. Various methods are used to keep family matters out of court, and these include hybrid mediation.

Hybrid mediation is a combination of traditional mediation and legal support, which entails the following:

Blends elements of traditional mediation with the involvement of lawyers for both parties
A neutral third-party mediator facilitates communication and guides discussions towards a solution
Each party's lawyer is present to advise on legal aspects, answer questions and ensure that their client's rights are protected
You could say that it offers you the best of both worlds: keeps your case out of court but provides the assurance of a lawyer on hand to make sure you are legally protected.

We are a highly experienced and qualified team of specialists who regularly support and guide people through the increasingly popular process of hybrid meditation. We’ll help you to avoid court and complete a divorce or separation without the cost, stress and confrontation.

You may have a nagging doubt that reaching the right outcome for you is just not possible without going to court. Our advice is to explore the out-of-court options.

Belderbos Solicitors is a member of Resolution, which means that we’re committed to keeping out of court the issues that arise between couples when their relationships break down.

Today, more than four out of five divorce cases will not end up in court because people find other, less confrontational ways to sort out their issues. Indeed, the family law courts actively encourage people to resolve issues in a non-confrontational way. The many benefits of doing so include:

• reduces time and cost

• avoids the stress of going to court

• helps to avoid rifts developing between the parties

• benefits future communication and relationships

• have a much higher success rate

Essentially, hybrid mediation brings together the best of both the family and the civil mediation models and reduces the stress and cost of a court process.

Whilst Belderbos Solicitors are not hybrid mediators, we have used hybrid mediation to achieve out of court settlements for our clients. We are strong advocates of mediation in general as a pathway to an outcome in everyone’s best interests after a divorce or separation.

“When you’re navigating the various complexities of family disputes, traditional mediation can often feel like venturing into uncharted territory. With hybrid mediation, you get a bridge, so a blend of the mediator's expertise in facilitating communication and the lawyer's guidance on legal intricacies. This approach empowers families to explore solutions while ensuring their legal rights are protected” - James Belderbos

Let’s give more clarity on the differences between mediation - another out-of-court option for resolving family matters - and hybrid mediation. The hybrid model involves one or more of the following:

- Bringing other family professionals and experts into the process to help deal with complex and difficult situations, such as accountants, valuers, independent financial advisers, psychiatrists and independent social workers

- Involving the parties’ lawyers on both sides to help advise and support in complex and difficult cases. People will usually have the support of their lawyers directly and throughout the process

- Engaging in shuttle mediation whereby the mediator spends time with each party on their own, making it possible to explore issues and settlement proposals in greater detail - people (and their lawyers, if needed) usually sit in separate rooms during hybrid mediation

- 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

In short, hybrid mediation has that extra layer of legal support, with lawyers more involved in helping you and your ex-partner or other party reach an outcome.

Hybrid mediation can be particularly effective when there are certain safeguarding issues and in situations in which one person just doesn’t feel at ease engaging face-to-face in person or on a video conference screen with their ex-partner.

Other advantages include:

It enables each person to explore options with the mediator in great detail without feeling they have over-committed
It enables other professionals to use their skills, knowledge and solutions, which makes the whole process better informed and more likely to achieve workable, fair settlements
Hybrid mediation can be carried out before court proceedings are considered, but also if ex-partners find themselves already in the court process but want to achieve a settlement outside, away from the stress, delays and legal costs

Hybrid mediation can deal with issues between a separating couple relating to finance, children or both. In relation to finances, it can help solve issues such as:

- the level of maintenance
- how assets are distributed on separation
- longer term support for the children
- how pension assets are treated
- In regard to children issues, hybrid mediation can help couples decide:
- where the children will live
- how much time they will spend with each of the parents
- internal and international relocation
- schooling

The issues listed here are often too difficult to sort out without the hands-on support of lawyers on both sides, so hybrid mediation is often the answer.

Assessment for hybrid mediation

Both you and your ex-partner are seen separately by the hybrid mediator to assess whether or not hybrid mediation and, indeed, mediation is appropriate, and they will look very carefully at issues such as safeguarding.

As part of the same assessment meeting, you and your ex-partner will be asked to consider whether you think hybrid mediation is best for you.

How long does it take?

Mediations often involve three to five sessions and such sessions normally last one to two hours each.

However, if sessions are properly prepared for and information and documentation is to hand, then it can be possible to set aside a whole day for a mediation to take place, with a view to achieving a settlement at the end of that day.

Who will be your hybrid mediator?

Family mediation services are offered by James Belderbos at Belderbos Solicitors in Rutland, for couples who are looking to overcome the difficulties they face during separation and divorce. Whilst James Belderbos is a mediator and can help you in hybrid mediator as your solicitor he is not a hybrid mediator.

James has over 20 years’ experience as a lawyer. He is a trained mediator and collaborative lawyer and received his training from Resolution. Mediation training by Resolution is approved by the Family Mediation Standards Board. James is registered as a mediator in Rutland with the Family Mediation Council (FMC) and offers in-person mediation and online mediation services in Oakham and throughout Rutland and Leicestershire.

An FMC-registered mediator guarantees that you are receiving help and guidance by someone that has been appropriately trained and is fully qualified. FMC-registered mediators follow the FMC Code of Practice. They are supported by a Professional Practice Consultant (PPC) and they are fully insured, offering a complaints process if something goes wrong.

James also provides family mediation services on behalf of other solicitors in England and Wales who need an experienced, qualified and supportive mediator to help their clients.

If you wish to have one of our solicitors sitting alongside you we can refer you to a hybrid mediator.

Exploring non-court dispute resolution (NCDR)

What would happen if hybrid mediation doesn’t work? Yes, this can happen, as is the case with all different methods of resolving family matters. It’s important to know that a failure to reach a resolution through hybrid resolution will not automatically lead to court.

Before resorting to court proceedings, other NCDR options might be explored, such as:

- Arbitration - a neutral third party (arbitrator) hears arguments from both sides and makes a binding decision
- Med-Arb - this combines mediation with arbitration. If mediation fails, the mediator becomes the arbitrator, potentially streamlining the process