Whilst mediation may occur in many different ways, generally the process involves the two former spouses coming together for a meeting with a professionally-trained mediator.
 
Depending on how the process is structured, the participants may or may not have their lawyers present during the mediation process. 

Often during the process, the mediator will also spend some time with each participant (and their lawyer, if present) individually. The lawyers may also meet and negotiate on behalf of their clients in their clients’ absence. 

Usually, the participants agree before the mediation conference for their negotiations to be confidential and on a “without prejudice” basis. This means that whatever is discussed during the mediation cannot be used at a later date if Court proceedings are commenced.

The role of the mediator is to facilitate discussions between the participants whilst remaining neutral and impartial during the process.

If agreement is reached at mediation, the agreement is formalised in the usual manner as Consent Orders, a Binding-Financial Agreement or Parenting Plan.

It is important to note that the role of mediator is to remain neutral. Mediators cannot provide the participants with legal advice even if they are lawyers.

Ideally, the participants would have their lawyers present during mediation so that they are able obtain legal advice during the process. The lawyers can also then draft any agreement reached so that the participants don’t find themselves in a situation where an agreement is reached in mediation, but subsequently “falls apart” because one of the participants changes their minds.