WE NEED THIS DONE SO WE CAN MOVE ON, HOW LONG WILL THE PROCESS TAKE?
DO WE HAVE TO GO TO COURT?
CAN WE EACH REPRESENT OURSELVES AT THAT FINAL HEARING?
WE HAVE ATTORNEYS AND ARE ALREADY SCHEDULED FOR TRIAL
HOW DO WE KNOW IF MEDIATION IS RIGHT FOR US?
WHAT IF WE DO NOT REACH AN AGREEMENT?
IS MEDIATION CHEAPER THAN LITIGATION?
HOW DO WE FIND THE TIME TO MEDIATE?
I WANT TO MEDIATE BUT MY PARTNER IS SKEPTICAL
WILL WE ALWAYS MEET TOGETHER IN MEDIATION OR WILL WE HAVE SEPARATE MEETINGS?
IF WE CHOOSE TO HAVE YOU PREPARE THE COURT FILINGS, WHAT ALL DOES THIS INCLUDE?
WE WERE NEVER MARRIED, CAN YOU HELP US REACH AN AGREEMENT REGARDING OUR CHILDREN?
WE NEED THIS DONE SO WE CAN MOVE ON, HOW LONG WILL THE PROCESS TAKE?
We limit the number of couples that we will work with because we know how important it is to move at your speed. Our schedule will not be the hold up and we expedite drafting agreements so you are never waiting on us to move forward in this process. We move at the speed that works best for the two of you. Most couples have reached a full resolution within 30-60 days of retaining our services.
Typically two or three mediation sessions are needed when working with the attorney mediator without attorneys involved. Your mediator assists with the drafting of all pleadings for the divorce on behalf of you both and can file everything with the Court on your behalf.
There is a 120-day waiting period in Wisconsin from the date a divorce is initiated until a final hearing confirming your agreement. Full agreements can be reached and finalized within that 120-day waiting period.
When both parties are represented by attorneys, most couples reach a full agreement in one mediation session (a session can be a couple of hours or an entire day depending on the issues to address). Learn more about our Pro Se Mediation Process.
DO WE HAVE TO GO TO COURT?
Litigation cases can have several hearings and take well over a year to resolve. When you choose mediation, you only have one hearing and can have a hearing set very soon after the end of the statutory 120-day waiting period.
If you reach a full agreement within your 120-day waiting period, and we will help you do so, your only hearing will be your final hearing date. During this hearing, the Court will confirm that you entered into your agreements freely, knowingly and voluntarily. Learn more by reviewing our Pro Se Mediation Process.
We also have a video that walks through what to expect at a final hearing after we have already submitted the documentation needed for the hearing on your behalf. Click here to watch this and other informational videos.
CAN WE EACH REPRESENT OURSELVES AT THAT FINAL HEARING?
Yes, the legal term for representing yourself is “pro se.” The decision of whether to hire an attorney is completely up to you. We are here to provide education and to help you identify creative solutions using our training and experience. Keep in mind that mediators are unable to provide you with legal advice because we must be neutral in this process. We make sure you have the information you need to empower you to make decisions that are right for you- freely, knowingly, and voluntarily (a key phrase that will come up in your final hearing).
If you need a gut check or you would feel more comfortable having an attorney to consult with, you can absolutely have an attorney during this process. If one person hires an attorney, we expect that they let the other person know so there is transparency in the process. We can provide a referral list of lawyers available that provide consultation services to parties engaged in a private mediation process upon request. Learn more about our Pro Se Mediation Process.
WE HAVE ATTORNEYS AND WE ARE SCHEDULED FOR TRIAL
It’s never too late to mediate. We will do our best to expedite cases with pending trial dates. Reaching a resolution before the trial will save you the additional time (the Court has 90 days after the date of your trial to issue a decision and there are appeal periods that follow) and expense of continuing with the trial before the Judge. In addition, the dynamic between the two of you when you reach a resolution you both can live with is very different than the dynamic that exists when someone feels betrayed and harmed during the trial experience. It's hard to find a positive path forward when you watch someone testify against you in a courtroom.
We have resolved many contested cases with our attorney involved mediation process. Cases where parties were over a hundred thousand dollars apart in value and settlement amounts. In addition to mediating complicated cases, we also provide Arbitration and Med-Arb (Mediation first followed by Arbitration if needed) services for couples who have attorneys. Learn more about the types of mediation we offer when you are represented by attorneys, which include mediation, arbitration, and med-arb services.
HOW DO WE KNOW IF MEDIATION IS RIGHT FOR US?
Ask yourselves, what do you want your divorce story to be? What do you want your relationship to look like after the divorce is final? How do you want your children to see you two resolve conflict? Is litigation a better fit? We are firm believers that mediation is always better than litigation-period. Better for you financially, mentally, physically, and emotionally. And better for your children.
By the time a marriage reaches the point where divorce is on the table, effective communication can be incredibly difficult; that is completely normal even when you have agreed at the onset to have an amicable divorce. Divorce is hard, even when you are the one who is initiating the process. We've worked with couples who could not stand to be in the same room as one another and we have worked with couples who are best friends and want to keep status after the divorce is final. Just because you are struggling to communicate with one another does not have to mean that your only option is litigation. It's our job to facilitate communication and the decision making process. We move at a pace and with boundaries communicated that allow you both the space and time to process the difficult issues that arise in a divorce.
Mediation avoids the time, money, and stress that comes from trial and post-judgment litigation. In fact, you have more options available to you when it comes to creative approaches to common problems than a Judge is allowed to order. Even sitting Judges will tell you that trials before a Judge are not good for anyone. Learn more about the benefits of mediation.
With that said, mediation doesn’t work for every couple. Both parties must have a desire to stop fighting and commit to the process of negotiation and closing the chapter of their divorce. If you are out for war and revenge, this is not the best process for you. If there are significant issues of family violence, substance abuse or mental illness, having a mediation team, including a therapist mediator, or having attorneys present for the mediation are needed to ensure both parties are making voluntary and informed decisions.
WHAT IF WE DO NOT REACH AN AGREEMENT?
Our mediation services have a proven success record. Even when couples thought there was no way forward, we dig deep and think outside the box to bridge those gaps to get you to a resolution you both agree is fair and equitable in light of your unique circumstances.
If a full agreement cannot be reached, despite all our best efforts, we will memorialize the agreements that are made into a Partial Marital Settlement Agreement to limit the contested issues that carry on to litigation. This will save you time and resources going forward. Couples also may choose to return to mediation after the dust settles to finalize an agreement on those remaining issues.
IS MEDIATION CHEAPER THAN LITIGATION?
Mediation is significantly less costly (on a number of levels) than taking your case to a Judge. Wisconsin Divorce Solutions offers fixed-fee or hourly, pay-as-you-go, mediation services. You choose the program that is best for you. Our fixed-fee program costs less than what most pay just to retain a lawyer for a divorce.
I WANT TO MEDIATE, BUT MY PARTNER IS SKEPTICAL
We get it, most people do not know about mediation and they have well intentioned friends and family in their ear telling them that they need to hire a lawyer so someone is fighting for them. Many people going through a divorce feel a complete loss of control and are scared and overwhelmed. We have experienced divorce in all roles-divorce attorney, divorce mediator, and person going through a divorce themselves.
In mediation, you both retain the control over your divorce. While we have a step by step process, we tailor our services so that we are giving you what you need in this process.
In mediation, your finances are transparent to both of you as both will make a full disclosure of all income, assets, debts, and expenses. If necessary, we bring in the financial experts and child specialists to help analyze options and give professional opinions for you to consider before we finalize your agreement.
Encourage your partner to explore our website and schedule a consultation where you both can share your concerns, your goals, and your expectations in this process. We can explore the concerns they have with mediation and how we may be able to establish our framework in the beginning of the process to help them feel more comfortable. The consultation is free and is scheduled at a time that is convenient for you.
WILL WE ALWAYS MEET TOGETHER IN MEDIATION OR WILL WE HAVE SEPARATE MEETINGS?
We are big proponents of finding a path that works for the two of you.
When attorneys are involved, we generally meet in separate rooms and the mediator “shuffles” back and forth between the two rooms.
When attorneys are not involved, we meet with both of you at the same time initially and the norm is that all meetings will be together. There may be times when 1:1 meetings would benefit the process, particularly when there are hot button issues that need to be processed outside of a mediation session.
IF WE CHOOSE TO HAVE YOU PREPARE THE COURT FILINGS, WHAT ALL DOES THIS INCLUDE?
We will prepare (and file if requested) the following documents:
Joint Petition for Divorce
Confidential Addendum
County Specific Forms that may be needed when initiating the action
Joint Financial Disclosure Statement
Marital Settlement Agreement(s)
Findings of Facts. Conclusions of Law, and Judgment of Divorce
Divorce Worksheet for the Divorce Certificate
Abridgment of Judgment for Name Change
Quit Claim Deeds
Post Judgment Stipulations and Orders
Prenuptial and Postnuptial Agreement (Marital Property Agreements)
WE WERE NEVER MARRIED, CAN YOU HELP US REACH AN AGREEMENT REGARDING OUR CHILDREN?
Absolutely. In addition to helping you reach an agreement regarding the custody, placement and support of your children, we can also draft and file the necessary documents as part of our pro se (without individual attorneys)mediation services.