Mediation

What is mediation?

Mediation is a voluntary, confidential process that serves as an alternative dispute resolution method to avoid contested litigation.

Who is involved in a mediation session?

A mediation session involves the parties and a neutral third-party mediator.

Can custody disputes be handled by mediation?

In custody disputes, parties are frequently referred to the Office of Family Court Counseling, or in counties where such an office has not been established to a court-appointed mediator. In Dane County there is a program through the Dane County Bar Association in which attorneys volunteer their time to act as mediator for property and financial disputes. Often, the attorneys for the parties participate in the mediation effort through the DCBA mediation project.

Can we forced into mediation?

Neither party can be forced to agree at mediation.

What is the purpose of mediation?

The philosophy is to permit the parties to reach a solution that is agreeable to each of them, though perhaps with great compromise, instead of risking that the judge will issue an order that incorporates his or her own position.

Mediation is a form of alternative dispute resolution, and a mediator is a person who facilitates the mediation between parties who have a dispute. When the parties form an agreement, the mediator prepares a written draft of the agreement for the parties.

Many people have a mediator help them resolve disputes. In some situations, the mediator represents one of the parties and is helping both parties find common ground to help them resolve issues in a mutually beneficial manner. In other situations, the mediator is a neutral third-party who is unfamiliar with both parties.

The major benefits of mediation are that they are resolved outside of the courtroom, thus preventing either party from a possibly lengthly trial, and they are a cost effective method of obtaining a resolution to a dispute.

Attorney Kathleen Reiley assists her clients in mediating their disputes. She also acts as a neutral mediator for non-client parties in the financial aspects of divorce and family law.

In addition to her many years of mediation experience, Attorney Reiley completed the 25-hour Divorce Mediation Training on November 1, 2006 through the University of Wisconsin-Madison Division of Continuing Studies, Professional Development and Applied Studies.