Divorce mediation is a process where both the husband and the wife meet with a mediator to try to reach an agreement on all of their issues in the divorce, such as alimony, child care, custody, and property. The mediator helps them come up with agreements that work for both of them. The couple also has a divorce lawyer in Milwaukee present throughout mediation proceedings who can provide advice and counsel when needed.
The mediation process may take about two months and usually occurs in two or three sessions. In the first session, the couple meets with the mediator and comes up with some options for how they can resolve their divorce. They also talk about what it will take for both of them to get a divorce settlement that works for them, such as alimony payments, property division, and child custody arrangement. They then decide whether they can come up with an agreement on these terms that don’t involve going to court.
What is the Role of Divorce Lawyers in Mediation?
Lawyers play a critical role in divorce mediation. When the couple first meets with the mediator, they are encouraged to tell their lawyer what they want out of the divorce. The lawyer will then discuss this with the couple and help them determine whether or not it is likely that a divorce settlement can be reached during mediation.
If it won’t work, then a trial will happen and a judge will make decisions about these issues instead of the couple. While, if a settlement can be worked out through mediation, then the couple’s lawyer will prepare all of the relevant paperwork for them so that they have an agreement that works for both of them in case something happens before their divorce is finalized in court.
When Should You Use Mediation?
In Wisconsin, couples can use mediation when their divorce is considered to be amicable. This means that both spouses want to get a divorce settlement that works for them and they can cooperate with each other. If they show a history of anger or violence towards one another, then they are usually not good candidates for mediation.
It is also smart to avoid using mediation if you have a complex case and there are many issues to work out. In addition, couples that have more than two children are often advised not to use the mediation process since the complex work involved may weigh heavily on the outcome of their divorce agreement.