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 Washington State, mediation is a common alternative dispute resolution process used in divorce cases. The courts in Washington may order couples 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. Mediation involves a neutral third-party mediator who assists the parties in reaching a mutually acceptable settlement. While the mediator facilitates discussions, they do not have the authority to impose a decision on the parties. Participation in mediation does not obligate the parties to reach an agreement, and they retain the right to have their case decided by a judge if they cannot resolve their differences. Any discussions or settlement offers made during mediation are typically confidential and not admissible in court, encouraging open communication and negotiation without fear of prejudice if the case goes to trial.