Wisconsin Divorce Mediation

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Court-ordered Wisconsin Divorce Mediation

As per the law in this state, if the divorcing parties fail to develop an agreement pertaining to placement and custody issues, then these parties must attempt mediation prior to a custody battle. The Court may waive the condition of mediation, if the Court concludes that due to mediation, the health and safety of the parties is risked or there is undue hardship to the parties. In other cases, mediation is compulsory.

A County mediator who is related to the Court system by contract or employment is chosen for Court-ordered mediation. According to the law of this state, the discussion in mediation is restricted to issues pertaining to placement and custody. Issues related to child support, maintenance or property distribution are not considered for mediation, except when they are directly associated with placement and custody and both the parties accede with each other in writing to consider the issue. Unrelated economical issues are completely disallowed and related economical issues are mediated only when both the parties accede with each other in writing to talk regarding those issues.

The mediator has the noble intention of the best interests of the child. The mediator has been empowered with the following rights-

• If the ambience of the mediation is such that the mediation seems inappropriate, the mediator can stop the mediation
• If one or both parties do not cooperate in the mediation, then the mediator can terminate the mediation
• The mediator might suspend mediation to permit a party to undergo apt therapy or procure an apt Court order
• The mediator might demand a written disclosure of any relevant facts from any party
• The mediator can take the interview of any child of the divorcing parties in the presence or absence of the parties
• Permit any appointed guardian ad litem or the lawyer of any party to be present in the mediation

Private Wisconsin Divorce Mediation

Although the divorcing parties are in the midst of a divorce proceeding, they can approach a private mediator to conduct a mediation session in order to reach a settlement agreement. A majority of mediators are of the opinion that private mediation is completed in 3 to 6 mediation sessions on an average. The expenditure of these sessions is obviously lesser than the legal fees of a lawsuit.

The work of a mediator is to neutrally facilitate communication and negotiation. They have to assist both the parties to realize the concerns and interests of one another and encourage the participants to develop a settlement agreement in a collaborative and respectful manner.

If the mediators are also lawyers, then they can guide the parties regarding the legal aspects of the disputed issues before the mediation. While the conversation is in progress, they can point out what is acceptable in the Court and what is not. Mediators also hint the parties to be responsible and respectful towards each other and avoid negative methods like intimidation and manipulation.

Once the mediation is complete, a marital settlement agreement is produced in written form and submitted to the Court to be included in the divorce judgment.

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