Mediating with solicitors present – A practical guide to hybrid mediations

Introduction

Mediations involving solicitors can be among the most productive sessions I facilitate. Whether described as hybrid or integrated mediation, the key feature is that participants have their legal advisers present to support them, while the mediation process still retains its flexibility and confidentiality.

Some practitioners emphasise the use of confidential separate discussions as the defining feature of hybrid mediation. In practice, however, the term is now more commonly associated with solicitor involvement within the mediation process.

As with all mediation practice, training provides the framework rather than a rigid formula for how to incorporate many aspects of civil mediation into the family context.  Having trained in civil mediation in 2012 and later in hybrid mediation with Henry Brown in 2018, I have for some time adapted aspects of the process to reflect what works best in practice, while always remaining grounded in the core principles of family mediation.

When and why to have solicitors present

Hybrid mediations are most commonly used in financial cases. They are usually arranged once most of the financial disclosure has been completed, either through earlier mediation sessions with just the participants or outside the mediation process, via solicitors.

Generally, these sessions serve one or both of the following purposes:

1. A scoping meeting

Sometimes the priority is not immediate settlement, but clarity. With solicitors present, the session can focus on identifying problems within the disclosure, clarifying legal issues, and assessing whether the case is ready for meaningful settlement discussions.

2. A settlement meeting

Where a meeting is framed specifically as a settlement meeting, the pressure can understandably feel greater. At times, that pressure can help sharpen focus. However, even if agreement is not reached on the day, the session is rarely wasted: important progress is often made in identifying obstacles, narrowing issues, and preparing the ground for further negotiations.

Why does it work?

For me, the strength of mediation lies in its without prejudice environment. Everyone attending is there to work constructively towards solutions, rather than to weaponise problems.

Even where full settlement is not achieved, substantial progress is usually made. At a recent mediation, one solicitor observed that the parties had accomplished “five to seven months’ worth of work in one afternoon.”

How long should the mediation be?

These sessions generally need to be longer than the traditional 90-minute mediation attended only by the participants.

Solicitors’ time is valuable and costly, diaries are difficult to coordinate, and there are practical considerations such as travel, where meetings are held in person. For these reasons, sessions are typically arranged as either:

• A half day (usually around 2.5 hours), or
• A full day (around 5 hours)

The appropriate length depends on the complexity of the issues, the participants’ budget, and a realistic assessment of what can be achieved in the available time.  I have mediated over several days as well.

I charge a fixed fee for the agreed session length. If the mediation overruns, additional costs may arise. Having a clear structure helps keep matters focused, although it is not unusual for discussions to continue beyond the original estimate.

Preparing in advance

Preparation is one of the most important factors in ensuring a productive day.

I make sure that everyone involved understands what to expect before the mediation begins. With the participants’ agreement, I send a joint email to all (normally four) attendees outlining the structure of the day and confirming the practical arrangements.

I ask that all updated disclosure and relevant correspondence are provided in advance by a clear deadline, particularly where the documents have not recently been gathered through mediation.

Where appropriate, I will circulate:

• A summary of previous mediation discussions;
• Any draft financial summaries;
• Relevant disclosure documents;
• The Agreement to Mediate for signature in advance, including by the solicitors.

I encourage questions before the session and promote transparent communication wherever possible, ideally with correspondence copied to everyone when appropriate. Used constructively, this early communication can help establish a collaborative tone before the mediation even begins.

Ultimately, the productivity of the day depends on careful preparation, clarity of purpose, and flexibility within a process firmly grounded in mediation principles.

Pre-meetings

Where I have not previously met the participants, I will need to conduct MIAMs beforehand. Safeguarding remains essential, particularly in relation to coercive or controlling behaviour.

Like all MIAMs, these meetings are not simply procedural. They provide an opportunity for participants to understand how I work, just as much as they allow me to understand the individuals involved and assess whether mediation is appropriate.

In exceptional cases, for example where there are urgent deadlines or significant travel distances, I may consider holding MIAMs on the same day as the mediation itself. However, this would be unusual, and I will generally try to arrange at least online meetings beforehand.

Many hybrid mediation training models also recommend pre-meetings with the solicitors, either jointly or separately. I remain cautious about treating these as essential. In my experience, solicitors are usually well able to “hit the ground running” when provided with clear written briefing material in advance.

That said, I do not rule pre-meetings out entirely, in situations when participants have agreed to the additional cost. There can be useful discussions about outstanding disclosure or narrowing the issues that will make the mediation itself more productive. More often, however, this preparatory work can be handled efficiently through correspondence and document sharing.

On the day

Whether online or in person, practical preparation matters.

For online mediations, I ensure breakout rooms are organised in advance. For in-person sessions, I arrange separate rooms, as well as a larger room for joint meetings. I also make sure that all practical arrangements are covered, including internet access, hard copies of documents, refreshments, and the all-important flow of tea and coffee!

Early individual meetings

I often invite participants to arrive early so they can meet privately with their own solicitor before the formal start.

At or shortly before the agreed start time, I will usually visit each room briefly to introduce myself, discuss the structure of the day, and confirm whether everyone remains comfortable with a joint meeting taking place. Even where the Agreement to Mediate has already been given in advance, I always check again on the day itself.

These early conversations help establish the tone and allow me to assess how ready everyone is for constructive discussions.

The importance of joint meetings

One of the most valuable lessons I learned came from a hybrid mediation in 2016, long before any formal training had been created. Both participants and their solicitors insisted that there would be no direct discussions at all, not even between solicitors. While that approach can be quite common in civil mediation, I quickly saw its limitations in the family context. As I moved between rooms carrying messages, the emotions simply escalated. I became the target for frustrations about what was being said in the other room (shooting the messenger!) and positions became increasingly entrenched. Rather than reducing conflict, the complete absence of any direct communication intensified it.

Since that experience, I have taken the view that in all hybrid mediation with me, there must, at the very least, be a meeting between me and both sets of solicitors during the course of the session.  My approach to this is explained in advance, so that any concerns or misgivings about this requirement can be discussed beforehand.

How I structure the day

Starting separately

I usually begin by meeting each participant and their solicitor briefly in their own room as mentioned earlier.

Moving into a joint meeting

Where appropriate, we then move into an initial joint session involving both participants and both solicitors. This is not compulsory and will always depend on the participants’ comfort and circumstances.

At this stage, the focus is on:

• Framing the purpose of the meeting
• Identifying the key issues to address
• Agreeing how the available time will best be used

I encourage any concerns about the format or process to be raised early, rather than left unspoken.

The role of solicitors

I often invite solicitors to make short, solution-focused opening comments. I ask that these:

• Reflect their client’s position accurately;
• Encourage constructive engagement;
• Help establish a collaborative tone.

When handled well by solicitors, this can be reassuring for participants and reinforces that mediation is intended to be forward-looking and constructive rather than adversarial.

Remaining flexible

Although sessions may begin jointly, I remain flexible throughout the day. Depending on how discussions develop, the process may move between:

• Joint meetings
• Meetings with just the participants
• Meetings with just the solicitors
• Separate or parallel discussions

I am careful not to change to a new format without the agreement of those involved: trust in the process is fundamental.

Confidentiality and private discussions

I am always clear that confidential discussions will remain confidential unless I am expressly authorised to share information. This reassurance often enables people to speak more openly and can create progress that would not be possible in a fully joint setting.

Working towards resolution

Even where a session is described as “scoping”, I expect solicitors to attend prepared to consider how potential proposals may work in legal terms. Testing ideas against legal realities can be extremely valuable, even where full agreement is not reached on the day itself.

Often, this work helps clarify what remains unresolved and whether matters are ready to move towards drafting.

Conclusion

For many participants, having their solicitor present can reduce anxiety and increase confidence in engaging directly within the mediation process. They can be an extremely effective forum for resolving matters, narrowing issues, and helping participants move forward constructively.  For me, the key ingredients are preparation, clarity of purpose, flexibility, and a continued commitment to the core principles of mediation.