Using mediation to resolve high-conflict family cases

High-conflict family cases can often lead to long, drawn-out, and costly court proceedings.

The court has a heavy workload. Proceedings are slow, legal fees are often high, and outcomes can be uncertain. The real cost of litigation is emotional and psychological. The parties’ autonomy, creativity, perspectives, energy, and ability to be truly present for work and childcare are all potential casualties.

Whilst there are some cases that are rightfully dealt with by the court, those cases should be few and far between. Court should be a last resort. There are many alternatives, even for those cases where positions are entrenched and conflict is high. One effective option is hybrid mediation.

What is hybrid mediation?

Hybrid mediation is a model of mediation which combines the family and commercial models. Bringing these two models together means:

• The mediator can see the people involved separately or together, or a mixture of both.
• The mediator can hold confidences.
• Mediation can take place over a longer period – half a day or a day, for example.
• The people involved can have the support of lawyers during the mediation process itself, which can make reaching an outcome quicker and cheaper.
• Documentation which records the outcome can be drawn up by lawyers there and then to avoid more delay.

When can hybrid mediation be particularly useful ?

Hybrid mediation is well suited to circumstances where:

• Both, or one, of the people involved find it difficult to articulate themselves in the other person’s presence and/or they are worried about being exposed to the other person’s reactions to what they say – this may include a power imbalance or a concern about domestic abuse.
• The issues are complex. This may include where one person is familiar and confident about financial arrangements and the other is less so.
• Separate meetings (sometimes with lawyers attending as well) may be helpful and supportive.
• There is a high level of conflict between the people involved.
• Some confidentiality would be helpful in working towards an outcome.

If you are going through a divorce or separation and have questions about hybrid mediation, please contact Rachel Lemon. Rachel is an accredited family mediator who offers various models of mediation, including hybrid mediation. She also sees children and young people whose parents are divorcing or separating, as part of her mediation practice.