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 Michigan, mediation is a common alternative dispute resolution process used in divorce cases. The state's courts often order mediation to encourage parties to resolve issues related to the division of marital property and debts, child custody and visitation, child support, and spousal support. While participation in mediation is generally mandated, reaching a settlement is not compulsory. If parties cannot agree, the case will continue to trial where a judge will make the necessary determinations. Importantly, Michigan law typically protects the confidentiality of mediation proceedings. This means that communications during mediation, including settlement discussions, are not admissible as evidence in trial, encouraging open and honest dialogue during the mediation process.