Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In divorce cases, the court will often order the spouses to engage in mediation in an attempt to agree on how to resolve matters at issue in the divorce—including (1) the division of marital property, (2) the division of marital debts, (3) child custody and visitation, if applicable, (4) child support, if applicable, and (5) spousal support.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the divorce case will proceed to trial, with the judge making many of these determinations. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In California, mediation is a common method used to resolve disputes in divorce cases. The state encourages the use of mediation to help divorcing couples reach agreements on key issues such as the division of marital property and debts, child custody and visitation, child support, and spousal support. California courts often mandate mediation as part of the divorce process. While participation in mediation is generally required, reaching a settlement is not; parties are free to proceed to trial if they cannot resolve their differences through mediation. Importantly, communications during mediation are considered confidential and are typically not admissible as evidence in court, as per California Evidence Code sections 1115-1128 and Family Code section 3170. This confidentiality is designed to promote open and honest dialogue in pursuit of a mutually acceptable settlement.