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 Montana, mediation is a recognized alternative dispute resolution process often used in divorce cases. The state encourages the use of mediation to resolve issues such as the division of marital property and debts, child custody and visitation, child support, and spousal support. Montana courts may order spouses to participate in mediation to attempt to reach a settlement before proceeding to trial. While the mediation process is aimed at facilitating an agreement between the parties, they are not obligated to settle during mediation. If an agreement cannot be reached, the case will continue to trial where a judge will make the necessary determinations. Importantly, communications during mediation are typically confidential and are not admissible as evidence in trial, promoting open and honest dialogue between the parties during the mediation process.