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 Nevada, mediation is a common alternative dispute resolution process used in divorce cases. The state encourages mediation as a way to amicably resolve issues such as the division of marital property and debts, child custody and visitation, child support, and spousal support. Nevada courts often order divorcing spouses to participate in mediation before proceeding to trial. While mediation is overseen by a neutral third-party mediator, it is not binding; parties are not required to reach an agreement. If the parties cannot resolve their differences through mediation, the case will continue to trial where a judge will make the necessary determinations. Importantly, any settlement discussions or negotiations that take place during mediation are typically confidential and not admissible as evidence in trial, promoting open and honest communication during the mediation process.