Divorce Mediation
Legal Separation Mediation
Alternative Dispute Resolution in Family Cases
Mediation is a useful way to resolve disputes in your family, business, and entire divorce or legal separation case. Divorces do not have to be contentious or litigious experiences. While one attorney in Wisconsin generally cannot represent both spouses in a divorce, one attorney can be a mediator. Your attorney mediator can work with both of you to reach an agreement outside of court.
In Northwestern Wisconsin, mediation is a great form of collaborative divorce resolution. Through mediation, both you and your spouse’s goals can be achieved. You are generally going to be happier through the difficult divorce process if you have a say in the outcome. If you go to trial, the judge makes the decision. You are essentially leaving your lives in the hands of a stranger if you go to trial.
Mediation can also be used in placement and custody cases, paternity cases, maintenance/alimony modification or any wide variety of cases.
How the Mediation process works:
- You call to make an appointment with our office for both you and your spouse to come in and meet with us to begin the process.
- You can file for divorce on your own first or we can do so after we meet. We will explain the entire divorce process from start to finish, going over deadlines you have to meet and documents you must file.
- When you come in for your appointment(s), will meet together and/or apart as necessary to address the issues in your case.
- We take an evaluative and facilitative approach to your case. We will evaluate the strength of your positions and work with you to facilitate an agreement. You and your spouse may have ideas on how you want things resolved, divided or arranged. You and your spouse also may not agree on all of the issues in your case (after all, you are separating/divorcing). We will listen to both of you and communicate what we think a judge might do in your case and attempt to bridge any gaps between you and your spouse’s positions to hopefully come up with one final written agreement (the Marital Settlement Agreement, explained more below).
- The process may take one meeting or many meetings depending on what issues you have, what documents you have filed on your own or need us to file, and what documents you need us to draft on your behalf.
- Generally, the most important document we draft is the Marital Settlement Agreement. The Marital Settlement Agreement is the document that contains all of the provisions on all of the agreements in your case, including but not limited to child placement and child custody (if applicable), child support, maintenance/alimony, kids’ expenses, property and debt division, taxes, etc. Many people refer to their Marital Settlement Agreement as their “Divorce Decree.”
- Once we have the Marital Settlement Agreement drafted we provide that Agreement to you and recommend that each of you meet with your own attorney to review the proposed Marital Settlement Agreement and advise you on the provisions contained in the Agreement, if you so choose. We cannot give either of you individual legal advice if we act as your mediator, so we encourage you to meet with your own attorney for even an hour to go over the proposed terms. You do not have to seek advice from your own attorney, but we strongly recommend you do so.
- After your Marital Settlement Agreement is approved and signed, we generally meet one last time to finalize all documents and go over what will happen at your hearing in court to get your divorce or legal separation finalized. In Wisconsin, you will still have to go to court at least one time at the end of your case to present the written mediated Marital Settlement Agreement to the judge or court commissioner for his or her approval.
- We can also set up post-divorce/legal separation meetings to do any follow up work that may be necessary such as drafting deeds to transfer real estate or Qualified Domestic Relations Orders to divide retirement/pension/investment accounts. We want to make sure all of your issues are handled from start to finish and beyond!
We practice in Hudson, New Richmond, River Falls, and beyond, and serve St. Croix County, Pierce County, Polk County and many more counties throughout the state.