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 Iowa, mediation is a common alternative dispute resolution process used in divorce cases. The state encourages the use of mediation to help divorcing couples resolve issues such as the division of marital property and debts, child custody and visitation, child support, and spousal support. Iowa courts often order mediation as a step before a trial to facilitate settlement and reduce the burden on the court system. While participation in mediation is generally mandated, reaching an agreement is not compulsory. If parties cannot settle their differences through mediation, the case will proceed to trial where a judge will make the necessary determinations. It's important to note that discussions during mediation are confidential and typically cannot be used as evidence in court, which encourages open communication and negotiation during the mediation process.