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 Dakota, mediation is a recognized alternative dispute resolution process often used in divorce cases. The state's courts may order spouses to participate in mediation to negotiate and potentially settle issues related to their divorce, such as the division of marital property and debts, child custody and visitation, child support, and spousal support. While mediation involves the assistance of a neutral third-party mediator, the parties are not obligated to reach a settlement. If the parties cannot resolve their differences through mediation, the case will proceed to trial where a judge will make the necessary determinations. Importantly, any settlement discussions or negotiations that occur during mediation are typically confidential and not admissible as evidence in the subsequent trial, encouraging open and honest communication during the mediation process.