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 Pennsylvania, mediation is a commonly used alternative dispute resolution process in divorce cases. The state encourages the use of mediation to help divorcing couples resolve issues such as the division of marital property and debts, child custody and visitation, child support, and spousal support. While the court may order spouses to participate in mediation, it is important to note that the parties are not obligated to reach a settlement during the mediation process. If an agreement cannot be reached, the case will continue to trial where a judge will make the necessary determinations. Pennsylvania law generally protects the confidentiality of mediation proceedings, meaning that discussions and settlement offers made during mediation are not admissible as evidence in trial, promoting open and honest communication between parties during the mediation process.