In order to dissolve a marriage, a lawsuit must be filed, but it is no longer necessary to follow the traditional path of litigation in order to work out the terms of the divorce. Today many couples are turning to mediation to resolve their disputes and negotiate the terms of their divorce. Mediation is a process in which an impartial third-party mediator facilitates the resolution of a dispute by promoting voluntary agreement by the parties. The mediator facilitates communications, promotes understanding, focuses the parties on their interests, and seeks creative problem solving to enable the parties to reach their own agreement.

Almost every state requires mediation of child custody disputes, and many states' court systems provide services such as early conflict intervention, conciliation services, community dispute resolution centers, education seminars for divorcing couples, mediation, and settlement conferences. Today, mediation, either voluntary or court mandated, is the predominant form of dispute resolution for divorcing couples.