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 Utah, mediation is a common step in the divorce process. The state encourages parties to use mediation to resolve disputes related to the division of marital property and debts, child custody and visitation, child support, and spousal support. Utah courts often require divorcing couples to participate in mediation before going to trial. While mediation is not mandatory, and parties are not required to reach a settlement, it serves as a tool to facilitate amicable resolutions and reduce the burden on the court system. If parties cannot settle their differences through mediation, the case will proceed to trial where a judge will make the necessary determinations. Importantly, discussions during mediation are typically confidential and not admissible as evidence in trial, which encourages open communication between parties during the mediation process.