Mediation is a powerful tool for conflict resolution used in many legal areas, including family law. The process of Mediation usually involves the parties, their Attorneys in some instances and a third party mediator. Mediation is a valuable tool that aims to help divorcing couples solve their disputes peacefully. The Mediator, who is neutral and unbiassed, is there to help them find common ground and to work through disagreements, that to the parties, may seem, at first, impossible to solve. Using various techniques, Mediators can help bridge the gap between the parties and secure not only a resolution to the issues that separate the parties but hopefully to preserve some level of respect that each of the parties will need to show to one another following the divorce process, for any variety of reasons.
In Wisconsin there are two types of Mediation. The first, and common Mediation, is the Mediation that the Court Orders to help parties try and resolve differences in child custody/placement issues. The Mediator is usually a licensed professional, normally a counselor, that assists the Court in meeting with the parties in trying to work out a visitation/placement schedule. It is very informal. The parties attend these Mediations by themselves without their attorneys or friends. If the Mediation is successful, a report is provided to the Court and to the parties’ Attorneys for review. If there is no objection, the Court then adopts the Mediation report and Enters an Order resolving that dispute. Again, this is a very informal process.
The Circuit Court in Wisconsin is required to address Alternative Dispute Resolution (ADR). ADR can take many different forms. It could take the form of Binding Arbitration, Non-Binding Arbitration, or Mediation. This Mediation, which is usually used at the end of a case and immediately prior to Trial, seeks to help the parties reach a global resolution on all issues. It might result in a Settlement on the issue of placement and custody if the informal Mediation referred to above was unsuccessful, property division, Maintenance/Alimony, and a myriad of other issues. It is a much more Formal proceeding. The Mediator is usually a Retired Judge or a lawyer that has a number of years of experience dealing with family law cases. At this Mediation session, the Attorney’s are present and actively participating in the negotiation with the Mediator and the other party.
By having your Attorneys present, emotions are less likely to play a factor. Many times, when Mediation fails, it is because the parties succumb to emotions, which does nothing but impede the process. At Kaminski & Pozorski LLC, our Attorneys have successfully participated in a countless number of Mediations that have secured global resolutions, short of lengthy and costly Trials. Please feel free to call Kaminski & Pozorski LLC if you have any other questions regarding your divorce.
Phone: (920) 684-6694
Address: 846 North 8th Street Manitowoc, WI 54220
Other Address: P.O. Box 609
Manitowoc, WI 54221
Phone: (920) 684-6694
Address: 846 North 8th Street Manitowoc, WI 54220
Other Address: P.O. Box 609
Manitowoc, WI 54221