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 West Virginia, mediation is a recognized alternative dispute resolution process often used in divorce cases. The state's family courts may order divorcing spouses to participate in mediation to negotiate the terms of their divorce, including the division of marital property and debts, child custody and visitation, child support, and spousal support. The goal of mediation is to facilitate a mutually acceptable agreement between the parties with the help of a neutral mediator. While the mediator assists the parties in reaching a settlement, they do not have the authority to impose a decision. Participation in mediation does not obligate the parties to reach a settlement; if they cannot resolve their differences, the case will proceed to trial where a judge will make the necessary determinations. Importantly, any discussions or settlement offers made during mediation are typically confidential and not admissible as evidence in court, encouraging open and honest communication during the process.