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Mediation means 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.
Cost Effective
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.
Mediation Experience
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-Madison,
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
Negotiation takes place throughout a divorce
action. Parties can engage in conferences with the other party
and the attorneys without the presence of a mediator 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
Arbitration is another means of alternative
dispute resolution. An arbitrator may provide a decision by
which the parties shall abide. Sometimes the arbitration decision
is reviewable by the Court and sometimes not. 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 608-246-8309, 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, but not your and the other party's
respective positions with regard to the issues.
Frequently Asked Questions About Mediation & Mediators

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Kathleen Reiley
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