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 Oregon, mediation is a common method used to resolve disputes in divorce cases. The state encourages the use of mediation to help divorcing couples reach agreements on key issues such as the division of marital property and debts, child custody and visitation, child support, and spousal support. Oregon courts often order mediation as part of the divorce process. While participation in mediation is generally required when ordered by the court, reaching a settlement is not mandatory. 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 considered confidential and are not admissible as evidence in trial, which encourages open communication and settlement efforts during the mediation process.