The divorce mediation process is led by a third-party independent attorney. They act in favor of both parties to ensure any agreements are equitable and made in accordance with Wisconsin state statutes. The divorce mediation process will result in agreements on all the relevant divorce topics such as property division, alimony, child custody, and child support.
Divorce is a huge decision causing a big change and mediation makes that transition smoother, less expensive, and less adversarial. In Wisconsin, couples have several options for how they navigate their divorce, ranging from fully litigated court battles to collaborative or attorney-assisted mediation. Divorce mediation, a process designed to empower couples to make their own decisions while receiving structure and guidance from a neutral third party attorney.
In divorce mediation, the attorney serves as an independent, neutral mediator for couples who wish to work together to resolve the legal, financial, and practical issues surrounding their divorce and/or legal separation. Mediation offers significant benefits—lower cost, reduced conflict, faster resolution, and significantly more control over the outcome.
Divorce mediation is a voluntary, confidential process in which a neutral attorney mediator assists a divorcing couple in negotiating and resolving all issues required for their divorce. Unlike traditional representation, where each spouse hires their own attorney, mediation uses one neutral mediator to help both spouses.
A mediated divorce generally moves through the following steps:
While not required, the mediation process usually begins with a joint consultation with both spouses. If the spouses are not available at the same time, separate consultations can be conducted with both spouses. The purpose of the consultation is to explain the mediation process in detail, describe the roles and limitations of the mediator, discuss fees, identify the issues that need to be resolved, and evaluate whether mediation is appropriate for the parties.
This meeting is not about taking sides or gathering arguments. Instead, it’s about making sure the parties understand how the mediation process works and to confirm that both parties feel comfortable with the process. After the joint consultation, both parties must voluntarily agree to mediate and must sign the agreement to mediate.
The first official step in mediation is to prepare the initial pleadings (Joint Petition and Confidential Petition Addendum). Once these documents are filed with the court, there is a mandated 120-day waiting period in the state of Wisconsin. That mandatory wait period is when financial disclosure statements and proposed parenting plans are prepared and mediation sessions are held.
If the parties have children then child custody, placement, and support must be addressed. If the parties do not have children, the issues to be resolved are property division and spousal support.
Wisconsin law requires full financial disclosure from both parties. As the mediator, we assist the parties in completing their financial disclosure statements, including the disclosure of the supporting documentation (tax returns, pay stubs, etc.). Mediation services often do not include formal written discovery (interrogatories and production of documents), which is why transparency in financial disclosures is essential for mediation to be effective.
It is extremely difficult for the parties to negotiate issues of property division, child support, or maintenance if the parties do not have an accurate understanding of the family’s finances. While your attorney does not complete your financial disclosure statements on your behalf, the attorney mediator will help answer questions about how to list assets and debts, how to value property, what property must be disclosed and assistance with how income is calculated for purposes of support.
One of the attorney’s primary goals is to ensure both parties understand what they are agreeing to on each divorce topic. Because every agreement comes with implications and the legal framework that the court applies.
The attorney mediator may require the parties to submit proposed parenting plans. This document is where parties express their desires for custody and placement provisions to be incorporated into the final divorce judgment. It is also a place for parties to begin thinking about the specifics of shared custody including how to handle vacations, holidays, transportation, and so on.
Depending on each person’s stances on issues taken in the initial consultation, mediated divorces typically require 1 to 3 mediation sessions. The number of sessions also depends on the complexity of the property being divided, the level of cooperation between the parties, and whether the parties have children.
Wisconsin is a community property state, meaning property acquired by either party before or during the marriage is generally divided equally unless the parties agree otherwise. Property that is classified as individual property, like inherited property, remains the individual property of the party that received it. The standard for the court is a fair and equitable division of property. Mediation allows for creative and flexible solutions that fit the parties’ specific circumstances. Property division covers things such as:
For parties with minor children, the mediator and parties work through:
The mediator will work with the parties on the proposed parenting plans to ensure that the agreements reached meet the court’s requirements.
Once the parties reach an agreement on all issues, the attorney-mediator drafts a comprehensive settlement called the marital settlement agreement. In addition to the issues set forth above, the marital settlement agreement covers issues related to insurance coverage, tax considerations, legal surname restoration and any additional agreement specific to the parties. After it has been drafted, the marital settlement agreement is circulated to the parties for review and execution. Each party can also consult with an independent attorney to review the marital settlement agreement.
Once the marital settlement agreement is signed by both parties, the agreement is filed with the court. The attorney mediator will likely schedule a telephone call with the parties approximately 1 to 2 weeks before the stipulated final hearing date to remind the parties what will happen at the stipulated final hearing. The attorney mediator does not attend the final hearing. Even though the parties worked through mediation in a cooperative manner, Wisconsin law requires a final hearing and the parties’ testimony to grant a judgment of divorce. The parties are not expected to bring any documents with them to the final hearing. The judgment of divorce, which is signed at the final hearing, is filed with the court by the attorney mediator, in advance of the hearing date. The hearing typically lasts around 15 to 20 minutes.
Mediation works well for couples who:
Mediation is more cost effective than formal litigation and provides parties with the ability to control the terms of their settlement. Mediation often sets the foundation for positive communication between the parties post divorce, which works well for parties with children.
If the parties are unable to reach a full resolution to the divorce matter in mediation, the mediation is declared an impasse. Neither party can retain an attorney from the office or firm of the attorney mediator, nor can either party subpoena the attorney mediator to disclose the details of mediation. The parties must either hire their own independent attorneys or finish the divorce matter without counsel.
Anyone is welcome to attempt divorce mediation, even if you have already filed for divorce (either jointly or individually). So long as both parties agree to mediate, the classification of the parties in the case caption does not matter.
