As a process, family mediation is appropriate for parents who are on good terms with each other, as well as for those in conflict. Where there are imbalances of power between parents, it is the role of the mediator as an impartial third person to level the playing field throughout the mediation, by ensuring that each parent effectively communicates his or her interests and concerns. As an additional measure, the mediation can be conducted via Shuttle Mediation, namely from two separate rooms.

However, family law mediation is not appropriate for every case in family law. As an alternative dispute resolution process, it may not be appropriate where legal issues need to be determined in court, where a document needs to be interpreted by a judge, or where an urgent injunction is required. Further, mediation may not be appropriate where a history of intimidation and domestic violence between parents exists, or where a power imbalance prevents one parent from effectively participating during the mediation.

Family law mediation is faster than going to court, because mediation is organised according to the availability of the parents, rather than according to the particular time-frames of the court, which can be as long as 12 months into the future.

Mediation is much cheaper than going to court, since mediation avoids the expensive costs of barristers, solicitors, filing fees, court fees, and witness expenses.

Mediation is also a confidential process but for the exceptions, as previously discussed. It is a process that allows the parents to avoid newspaper reports, court reports and transcription, all of which is a significant advantage for parents who have public profiles.

In addition, family mediation allows the parents to maintain a working co-parental relationship due to the positive and constructive environment that mediation offers, in contrast to the adversarial nature of the court process.

During family mediation, the parents make the decisions relating to their children and property - not the judge, the parents' lawyers or anyone else. This means that family mediation is empowering for the parents.

Finally, mediation is an informal process, as it is a process that does not have the formal protocol or procedures that courts have, thereby making it simpler for the parents.

Family law mediation is a confidential process, since anything that is discussed during the mediation session will not be repeated outside of the mediation session. Significant to the process is that the mediator is an unbiased and independent third person who holds no vested interest in the outcome of the mediation. Therefore, the mediator is generally bound not to reveal what parents have said in mediation; however, there are exceptions, such as:

• Where an existing law requires the mediator to report particular information, such as child abuse
  
• Where the mediator believes that it is necessary to reveal the information so as to prevent serious bodily injury or death to someone

But for these exceptions, family mediation exists as a confidential process, as distinct from going to court, where hearings are recorded, transcribed and even covered in newspaper articles and editorials.

During family mediation, the mediator will:

• keep the best interests of the children as the paramount consideration
• help the parents to identify the issues you wish to discuss
• help the parents to remain focused on the issues
• manage the mediation process, so that those issues may be discussed
  
• help the parents to identify options as potential solutions to issues
• challenge each parent and reality test the reasoning behind discussions
• draft agreements in writing

The mediator will not:

• make decisions for the parents
• tell the parents what to do
• take sides with either parent
• provide legal advice to the parents

It is important to obtain legal advice in relation to attending family mediation. Parents may do this before, during and after the mediation process.  It is recommended, as a minimum, that legal advice be obtained prior to the mediation.

Mediation is an alternative dispute resolution process that is less formal than going to court. Mediation allows motivated parents to resolve issues about which they disagree, by the mediator facilitating agreements that are mutually satisfying. Through this family mediation process, the mediator is an unbiased and impartial third person. Since mediation is future-focused and holds children as the paramount consideration in discussions, mediation is quite different from counselling, which has more of a focus on what has happened in the past.