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 South Carolina, mediation is a common step in the divorce process, particularly when there are disputes regarding the division of marital property and debts, child custody and visitation, child support, and spousal support. The state's family courts often require parties to participate in mediation before a trial can be scheduled. This requirement is intended to encourage the resolution of disputes outside of court, which can save time and resources for both the parties and the judicial system. While the mediator assists the parties in negotiating a settlement, they do not have the authority to impose a decision. The parties retain control over the outcome and are not obligated to reach an agreement during mediation. 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 confidential and typically cannot be used as evidence in court, which encourages open communication and settlement efforts.