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 Virginia, mediation is a commonly used alternative dispute resolution process in divorce cases. The courts in Virginia may order couples to participate in mediation to attempt to resolve issues related to the divorce, such as the division of marital property and debts, child custody and visitation, child support, and spousal support. While mediation is encouraged, parties are not obligated to reach a settlement during the process. If the parties cannot come to an agreement, the case will proceed to trial where a judge will make the necessary determinations. Importantly, discussions and negotiations that occur during mediation are typically confidential and not admissible as evidence in court, which encourages open communication and settlement efforts without the fear that concessions or offers will be used against a party later in court.