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 Jersey, mediation is a common alternative dispute resolution process used in divorce cases. The state encourages the use of mediation to help divorcing couples resolve issues such as the division of marital property and debts, child custody and visitation, child support, and spousal support. New Jersey courts often order mediation as part of the divorce process, with the aim of facilitating a mutually agreeable settlement without the need for a trial. While the mediator assists the parties in negotiating a settlement, they do not have the authority to impose a decision. Participation in mediation does not obligate the parties to reach an agreement, and they retain the right to have their case decided by a judge if they cannot resolve their differences. Importantly, any discussions or negotiations that take place during mediation are typically confidential and not admissible as evidence in court, should the case proceed to trial.