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 New Hampshire, mediation is a common method used to resolve disputes in divorce cases. The state encourages the use of mediation to help parties find mutually agreeable solutions to issues such as the division of marital property and debts, child custody and visitation, child support, and spousal support. New Hampshire courts often order mediation as part of the divorce process. While participation in mediation is generally required, reaching a settlement is not; parties are free to proceed to trial if they cannot resolve their differences through mediation. Importantly, communications during mediation are typically confidential and not admissible as evidence in trial, promoting open dialogue and negotiation without fear that offers or concessions made during mediation will be used against a party later in court.