The exact process will vary from one mediation agency to another, and possibly from one case to another, depending upon what is involved. However, the process will usually begin by one party contacting the agency and the agency sending out a referral form for them to complete. The referral form will contain basic details of both parties and any children involved, and a brief summary of the issues that need to be resolved.
If the agency is being asked to mediate upon financial/property issues following divorce it will usually require both parties to complete a means form before the mediation itself begins, as obviously the mediator will need full details of the means of both parties in order to mediate. If the mediator believes that one of the parties has not made a full disclosure of their means, then they should request such disclosure and, if it is not forthcoming, should end the mediation process.
Once the preliminaries have been dealt with, the mediation
process itself begins. This will comprise one or (usually) more
‘round-table’ meetings between the parties and the mediator.
Obviously, the number of meetings and amount of time spent will depend upon the complexity of the issues and the willingness of the parties to negotiate. However, if the mediator should believe that the issues are incapable of resolution then they will bring the mediation process to an end.
If the mediation process is successful, the mediator will make a written record of the agreement, usually called ‘Heads of Agreement’, and will send a copy to each party.