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 Wisconsin, mediation is a common alternative dispute resolution process used 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. Wisconsin courts often order mediation as a step before a trial to facilitate settlement and reduce the burden on the court system. While the mediator assists the parties in reaching an agreement, they do not have the authority to impose a settlement. Participation in mediation does not guarantee a resolution, and if the parties cannot settle their differences, the case will proceed to trial. Importantly, any discussions or negotiations during mediation are typically confidential and not admissible as evidence in court, encouraging open communication and negotiation during the mediation process.