Is an alternative to going to Court, having a solution instead of having he Judge decide for you
Mediation is for one purpose, and one purpose only, for the best interest of the child
What is the process of mediation?
Mediation is a two-step process:
Step 1 is a group Orientation. Per Wisconsin State Statute 767, all parents are required to attend an Orientation prior to attending mediation.
The Orientation is held in person two times a month in the Courthouse Conference Room on the 2nd floor, next to our office.
If you live two hours or more away from Rock County Courthouse, you have the option to attend the class via Zoom to watch a recorded video.
The Orientation is designed to help parents make better decisions for themselves and their children.
The Orientation covers meanings of legal terms, such as "legal custody" and "physical placement", as well as ideas for communicating and co-parenting with the other parent.
Step 2 is the actual private mediation appointment with both parents and a mediator.
Mediation appointments are in-person, unless one parents lives two or more hours away. Facemasks are not required; however, if you are sick with a fever greater than 99.5 degrees, or are having difficulty breathing, cough, nasal discharge, loss of taste or smell, nausea, vomiting, diarrhea, generalized aches, pink eye, rash or excessive fatigue, we ask that you to please call us and reschedule.
The Guidelines address State mandates and Mediation & Family Court Services' policies and procedures regarding:
The purpose of mediation
Safety
Respectful behavior during mediation
CPS involvement
Confidentiality and exceptions
Caucus (A brief private meeting with the mediator and each parent individually. Information shared in Caucus is confidential, with the exception of any information the Mediator believes may be threats of harm to yourself or others.
Termination of mediation by a parent
Declaration of an impasse by the Mediator
Information provided to the Court
Communications with collateral professionals and attorney
Return policies/procedures
Mediator's role is that of a "3rd party neutral"
Please notify the Mediation & Family Court Services Office if there is a Restraining Order, Domestic Abuse Injunction, a No Contact Order or if you are working with Child Protective Services, because mediation MAY not be appropriate for you at this time.
How can I request a mediation session?
Either parent may contact the Clerk of Courts to inquire about a COURT-ORDERED mediation. They may be reached by calling 608-743-2375 or you may find information or forms for filing a motion, which can be found at: http://www.wicourts.gov/.
For a VOLUNTARY mediation, please contact the Mediation office at 608-757-5546.
Can the other parent and I use mediation if we were not married?
Mediation is appropriate for parents who were never married, parents who are in the initial steps of divorce, or parents who are already divorced. Mediation is also available for issues of grandparent visitation.
Is there a fee?
The fee is $40 per parent for the required Orientation class. This fee includes your Orientation, your FIRST Mediation and your written Agreement. The Orientation class you attend is good for five(5) years, regardless of how many times you may need to return to Mediation over the coming years.
If you DO need to return to Mediation at any time in the future for issues of physical placement or legal custody which you are unable to agree on, there will be a fee which varies from $75 to $125 per parent.
How does an agreement made in mediation become a court order?
Agreements in Mediation are mutually agreed upon by both parents. Your joint decisions are drafted into a Memorandum of Agreement (MOA) by the Mediator and sent for review to you and your attorney, if you have one.
After both parents review and sign the MOA, the document is submitted to the Court for the Judge's signature. After the Judge signs it, your Agreement becomes a Court Order.
What is a Memorandum of Agreement (MOA) and what is in it?
A Memorandum of Agreement is a legal document with all the decisions that you jointly agree on in mediation. Your document will identify the language of physical placement and legal custody.
PHYSICAL PLACEMENT
TIME with each parent, including regular days and holidays.
LEGAL CUSTODY
Who makes the decisions, including school choice.
Can my Attorney, new partner or another family member be in the mediation with me?
Mediation appointments are with birth parents or adoptive parents only. Please do not bring children or new partners to the mediation sessions.
Other adults may attend the Orientation class with you at no charge.
Do I need an attorney?
While legal representation is not required, each parent is encouraged to consult independent legal counsel for advice on the implications of decisions made in mediation. The Mediator does not provide legal advice or legal representation.
Do I have to attend mediation with the other parent?
Parents may attend the same in-person Orientation class or choose to attend a different class. In-person Orientation classes are held twice a month in the Courthouse Conference Room on the 2nd floor, next to the Mediation office.
New partners or other adult family members may attend the Orientation class with you. There is no charge for them to attend the Orientation class with you, as support.
The mediation session is conducted with both parents together in-person in a safe environment with the Mediator in our office on the 2nd floor. Attorneys, new partners, other adult family members, or children are not allowed in the mediation room. The mediation appointment is closely monitored by the Sheriff's Department on video as well as checked on by a Sheriff stopping by in person.
The decisions made in mediation are those of both parents only.
How long does a mediation session last?
Mediation sessions are scheduled for two (2) hours in length; however, if parents are able to discuss issues in advance, it will reduce the time required to discuss your decisions in your mediation appointment.
Sometimes it takes more than one session for parents to reach a mutually acceptable agreement. The parents, along with the Mediator, will determine how many sessions are necessary to achieve an agreement.
What if we don't reach an agreement in mediation?
A court-ordered case is referred back to Court and the Court may assign a Guardian Ad Litem Attorney to represent your child(ren). A Guardian Ad Litem is an attorney appointed to investigate the case and represent the best interests of the child(ren) in further court proceedings. You and the other parent will be responsible for the additional fees for these services.
Will the mediator testify in court?
The Mediator does not testify in Court. This is in accordance with Wisconsin Statute 904.085(3)(b).
Recordings are not permitted in mediation.
Conversations in mediation are confidential, with the exception of threats of harm to yourself or others.
If the other parent is not complying with our court-ordered agreement, what are my options?
Both parents can request to return to Mediation VOLUNTARILY to work out a disagreement.
Or one parent may contact the Clerk of Courts at 608-743-2375 regarding other options.
Independent legal counsel is also encouraged.
Will I have to return to mediation after the first session?
Only if at some point in the future you have issues related to physical placement and legal custody that you cannot agree on and would like the assistance of mediation. There will be a fee between $75 and $125 per parent to return to mediation.
OR if your mediation resulted in a TEMPORARY Agreement and you agree to return at the end of an agreed upon period of time.