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 North Dakota, mediation is a recognized process for resolving disputes, including those arising in divorce cases. The state encourages the use of mediation to help parties find mutually acceptable solutions to issues such as the division of marital property and debts, child custody and visitation, child support, and spousal support. Courts in North Dakota may order spouses to participate in mediation with the goal of settling these matters outside of the courtroom. While participation in mediation is often mandatory when ordered by the court, reaching an agreement is not. If the parties cannot resolve their differences through mediation, the case will proceed to trial where a judge will make the necessary determinations. It is important to note that discussions and negotiations during mediation are typically confidential and not admissible as evidence in trial, promoting open communication between parties during the mediation process.