Types of Mediation
Finding the Right Mediation Approach for Your Situation
There are several different ways in which mediation can take place. The most appropriate format will depend on your circumstances and what feels most comfortable for both of you.
These options will be discussed with you at the outset (during your MIAM) to find the most suitable format. They can always be reconsidered as the mediation progresses but the mediation will not begin until the most appropriate format has been chosen.
Overview
Sole Mediation
The classic form of mediation involves the couple working directly with the mediator. In this format, we meet together in one room. There are normally just three people involved: the mediator and the two participants, unless I advise that someone else should join, such as a financial expert or family therapist.
This approach will only take place once I have assessed the situation as suitable and both of you agree that you are comfortable proceeding in this way.
Sole Mediation / How It Works
How Sole Mediation Works in Practice
For many couples, this is the most efficient and effective format, as discussions take place openly and directly with everyone present. This allows each person to hear what is being said and reduces the risk of misunderstandings that can sometimes arise when messages are relayed between separate rooms.
If both of you feel able to sit together and discuss matters, this approach often works very well. While it can be challenging to hear your former partner’s perspective directly, my role as a neutral mediator is to manage the discussion carefully—ensuring it remains respectful and constructive.
Sole Mediation / Legal Considerations
Legal Considerations After Sole Mediation
I will always advise that you take independent legal advice during the course of the mediation. If agreement is reached, you will need to appoint a lawyer to ensure that the outcome is formalised and made legally binding.
At this stage, it is also possible to appoint a joint lawyer to prepare the necessary court order for implementation and protection.
Sole Mediation / When Is This Appropriate?
When Sole Mediation May Be Right for You
This form of mediation is suitable where:
- Both people feel able to sit in the same room and discuss matters directly
- Each person is willing to listen to the other’s perspective, even where there is disagreement
It is not necessary for either person to feel confident about arguing their position. A key part of the mediator’s role is to ensure that both voices are heard and that all relevant issues are properly explored.
Overview
Shuttle Mediation
Shuttle mediation is used where one or both of you do not feel comfortable sitting together to discuss matters.
In this format, each person remains in a separate room and speaks privately with the mediator. I move between the two rooms, relaying information, proposals and responses between you.
Shuttle Mediation / How It Works
How Shuttle Mediation Works in Practice
This approach is often the most appropriate option where there are safeguarding concerns, significant tension, or a strong imbalance in communication.
While shuttle mediation can still be very effective, it is generally less efficient than meeting together. Discussions and information sharing take longer when messages are passed between rooms, which may extend the overall process and increase costs.
However, it allows mediation to proceed in circumstances where meeting face-to-face would be too difficult, ensuring that progress can still be made towards resolution.
Shuttle Mediation / Legal Considerations
Legal Considerations After Shuttle Mediation
As with sole mediation, if agreement is reached you will need to take independent legal advice so that the outcome can be converted into a legally binding arrangement.
Shuttle Mediation / When Is This Appropriate?
When Shuttle Mediation May Be the Best Option
This approach may be suitable where:
- There are safeguarding concerns
- One or both of you feel uncomfortable or anxious about sitting in the same room
- There is a high level of tension or conflict
- Direct discussion is likely to lead to friction or difficulty communicating
Shuttle mediation enables constructive progress while maintaining appropriate space and boundaries between you.
Overview
Hybrid (Integrated) Mediation
Hybrid mediation is based on a model often used in commercial dispute resolution and involves a greater level of participation from your lawyers.
In this format, your solicitors may attend throughout the entire process or at key stages where their input is helpful. The structure typically follows a shuttle format, with each of you in separate rooms alongside your respective lawyers, while I move between the rooms facilitating discussions.
Hybrid Mediation / How It Works
How Hybrid Mediation Works in Practice
One of the key advantages of this approach is that you have immediate access to legal advice during the mediation. When I am not in the room, you can discuss proposals with your lawyer, consider options and refine your position. This often allows progress to be made more efficiently.
Although involving lawyers throughout the process can increase costs in the short term, it can help resolve more complex matters more effectively—potentially reducing the overall time and expense involved.
Couples adopt this approach in different ways. Some prefer to have their lawyers present throughout, particularly where ongoing professional support is beneficial. Others choose to involve their lawyers at a later stage, often for a planned settlement session lasting half a day or a full day.
These extended sessions typically take place once full financial disclosure has been completed and both sides are ready to make detailed proposals. The aim is to work intensively towards a final agreement, with lawyers present to enable a binding outcome to be formalised on the day.
Hybrid Mediation / Legal Considerations
Legal Considerations After Hybrid Mediation
A key benefit of this model is that legal input is available throughout the process. This can allow agreements to be finalised more quickly and, in some cases, formalised immediately without the need for a separate memorandum of understanding.
Hybrid Mediation / When Is This Appropriate?
When Hybrid Mediation May Be the Best Option
Hybrid mediation is often used:
- In more complex financial cases
- Where there are legal issues requiring immediate advice
- Where one or both of you would prefer to have your lawyer present throughout
- Where ongoing professional support during negotiations would be beneficial
- Where there is a shared commitment to reaching an agreed outcome on a particular day
This format is most appropriate where full financial disclosure has been made, proposals are ready to be explored, and there is a joint commitment to working towards final settlement.
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