Mediation is a cooperative process involving the parties and a mediator, the purpose of which is to help the parties, by applying communication and dispute resolution skills, define and resolve their own disagreements. A mediator is a person with skills and training in dispute resolution. A mediator cannot force parties to consent to another party's proposal or force a party to abide by a proposed resolution.
Mediation is a form of alternative dispute resolution. It is a means of avoiding litigation of a divorce which offers privacy and the possibility of a working relationship after the final judgment has been entered.
There are different avenues to mediation including court-ordered mediation or mediation privately agreed to by the parties. Parties can mediate custody, placement, child support, family support, maintenance and property division issues. A mediated agreement reached in the context of a lawsuit is subject to the ultimate approval of the Court.
Generally, mediation provides a cost efficient means to resolve the issues in a legal matter. The voluntary exchange of certain information, which is called discovery when pursued formally, by itself can reduce the costs to the parties. You should speak to your attorney about what information must be disclosed, what information may be disclosed and what information is privileged.
Attorney Kathleen Reiley has experience both in preparing clients for mediation with and without her attendance at the mediation session and in actions as the third party neutral mediator. Attorney Kathleen Reiley has received mediation training through the Dane County Bar Association Mediation Program as a voluntary mediator and she has completed the 25-hour divorce mediation training on November 1, 2006 through the University of Wisconsin-Milwaukee, Division of Continuing Studies, Professional Development and Applied Studies.
When Attorney Kathleen Reiley represents clients, she is the client's attorney. When she acts as mediator, she is not the attorney for any party, but the neutral third party assisting the parties to reach their own agreements.
Negotiation takes place throughout a divorce action. Parties can engage in conferences with the other party and the attorneys without mediation for the purpose of reaching agreements. Such conferences often result in partial or total resolution of disputed issues. Negotiating is a means of resolving disputes and you should speak to your attorney about the process of negotiating the exchange of information and attempting to reach agreements.
Arbitration is another means of alternative dispute resolution. An arbitrator may provide a decision by which the parties shall abide. The arbitration decision is reviewable by the Court with limitations. Discuss with your attorney whether arbitration is an option and how the process would work in your case.
Contact A Mediation Attorney
To contact Attorney Kathleen Reiley, please call her office at 414-369-6309, or email her. If you contact Attorney Reiley regarding mediation, you should send the communication simultaneously to the other party and provide Attorney Reiley with a brief description of the issues to be resolved.