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 Indiana, mediation is a common alternative dispute resolution process used in divorce cases. The courts in Indiana may order the parties to participate in mediation to resolve issues such as the division of marital property and debts, child custody and visitation, child support, and spousal support. The goal of mediation is to facilitate a mutually acceptable agreement between the spouses with the assistance of a neutral mediator. While the mediator helps guide the discussion and negotiations, they do not make decisions for the parties. Participation in mediation does not obligate the parties to reach a settlement; if they cannot resolve their differences, the case will proceed to trial. Importantly, Indiana law generally protects the confidentiality of mediation, meaning that communications during mediation are not admissible as evidence in court should the case go to trial. This confidentiality encourages open dialogue and negotiation during the mediation process.