Divorce can be a painful and costly experience, both emotionally and financially. Couples who want to avoid a lengthy court process and the high cost of traditional divorce may opt for mediation. Divorce mediation is a process where a neutral third-party mediator helps couples come to a mutually agreeable settlement. In Wisconsin, couples can choose to go through mediation rather than pursue a traditional divorce through the court system. In this article, we’ll break down everything you need to know about divorce mediation in Wisconsin.
The Benefits of Mediation
Divorce mediation has many benefits over traditional divorce proceedings. Here are some of the main advantages:
1. Cost
Divorce mediation is often less expensive than traditional divorce. Couples only pay for the mediator’s time, which is generally lower than attorney’s fees.
2. Control
In mediation, couples can have more control over the outcome since they are the ones making the decisions. In traditional divorce, the judge makes the decisions, and couples must abide by the court orders.
3. Time
Divorce mediation can be a quicker process than traditional divorce. Mediation typically takes a few months, while traditional divorce often takes a year or longer.
4. Confidentiality
Mediation is a confidential process. This means that what is said in mediation cannot be used against either party in court if the mediation fails and the parties end up going to court.
The Mediation Process
Divorce mediation in Wisconsin is a voluntary process where both parties participate in negotiations with the help of a mediator. Here’s how it works:
1. Finding a Mediator
Couples can find a mediator by contacting a private mediation service or through their local court. A mediator should be a neutral third party who is experienced in divorce mediation. Both parties have the right to agree or disagree with the chosen mediator.
2. Initial Meeting
The first meeting with the mediator is an orientation session where the mediator explains the mediation process and sets the ground rules. This meeting may be done individually or together with both parties.
3. Information Gathering
Couples must gather financial and other important information relevant to their divorce. This may include information about property, assets, and debts.
4. Negotiations
During the mediation sessions, couples discuss and negotiate their disagreements and come to agreements on the terms of their divorce. The mediator facilitates the process, but it is the couple that makes the decisions.
5. Legal Documentation
Once an agreement is reached, the mediator turns it into a legally binding document called a Marital Settlement Agreement. Couples can have this document reviewed by their individual attorneys before they sign it.
6. Filing for Divorce
After the Marital Settlement Agreement is signed, couples can file for divorce in court and ask the judge to approve their agreement. If the judge approves, the divorce will be finalized.
Who Can Benefit from Mediation?
Divorce mediation may not be suitable for every couple. However, it can be beneficial to couples who:
1. Have Children
Mediation is especially helpful for couples with children since they can work together to come up with a parenting plan that works for everyone.
2. Want to Avoid Court
Couples who want to avoid the adversarial court process and retain more control over the outcome may find mediation beneficial.
3. Want to Save Time and Money
Mediation is often a quicker and less expensive process compared to traditional divorce.
4. Want to Maintain Relationships
Couples who want to maintain a working relationship, such as those involved in a business venture, may benefit from mediation.
Conclusion
Divorce can be a challenging process, but mediation can help couples reach a mutually agreeable settlement without going to court. It is vital to consider the benefits of mediation when deciding how to proceed with a divorce. In Wisconsin, couples can choose to go through mediation when facing divorce. By seeking out experienced and skilled mediation services and following the mediation process, couples can come to an amicable resolution and move on with their separate lives.