Mediation 

Due to the Coronavirus outbreak, Mediation and Family Court Services is taking precautions to protect the health and safety of the public and staff.  As a result, all mediation sessions will occur by telephone.   Please do not report to our office for your mediation session. Please contact us at 608-785-6162 for additional information. 

There are two tracks to mediation: 

• Initial Screening Session, and
• Continued Mediation

Initial Screening Session

Wisconsin law requires parents to attend at least one session with a mediator.  This is often referred to as the screening and evaluation session.  Because this initial session is court-referred, you are required to attend this session unless the court waives this requirement pursuant to Wis Stat. 767.405(5)(a)2 and 767.405(8)(b).

The mediator is a specially trained, neutral third-party who doesn’t take sides, make decisions or have a stake in the outcome.  During this initial session, each parent shares the disputed issues they want to address including how to:

• communicate about the children,
• address current and future parenting roles,
• make decisions about the children, sometimes referred to as legal custody or decision-making, and
• share physical care of the children, meaning a schedule specifying when the children will be in the care of each parent. You may have heard this referred to as physical placement.

The mediator will ask questions to determine if mediation is appropriate in your case and describe the different options available in La Crosse County to assist parents in resolving disputed parenting issues.  These options include:

• Deciding to do nothing and instead leave things as they are for now,
• Negotiating the issues on your own,
• Negotiating the issues through your attorneys,
• Continued Mediation (unless your case is deemed inappropriate for mediation),
• Moderated Placement and Custody Conference,
• Appointment of a Guardian ad Litem, and
• Appointment of a Custody Assessment Team.

At the end of the initial session, the parents inform the mediator which option they prefer. 

Mediation is confidential and no information is shared with the court other than a brief letter reporting that you appeared for the initial session and the option selected to resolve disputed issues. 

Please note that mediators are mandatory reporters.  This means that they are mandated by law to report to appropriate institutions suspected abuse or neglect of children, an elder or other adult at risk, and threats to harm yourself or others.  This information is an exception to confidentiality.

i  Fees: There is no fee for this service.

If your case is appropriate for mediation and BOTH parents agree to continue mediation, the mediator will schedule another session with the parents; this is referred to as continued mediation.

Initial Session Guidelines

IMPORTANT: IF YOU HAVE ANY CONCERNS ABOUT PHYSICAL SAFETY FROM PARTICIPATING IN MEDIATION, PLEASE CALL MEDIATION AND FAMILY COURT SERVICES AT 608-785-6162 IMMEDIATELY.

Continued Mediation

Continued Mediation is voluntary meaning both parents must agree to participate in Continued Mediation. 

Your mediator will work with you and the other parent to have a meaningful and cooperative discussion about the disputed parenting issues.  This discussion is not intended to be adversarial, and the mediator will not determine the “truth” of the matter, who is “right” and who is “wrong” or who has the better argument.  Mediation provides an opportunity for parents to talk about their present and future and the needs of their children in an open and unbiased format.

Many parents find that a mediator helps eliminate the finger-pointing and blaming that can occur during a divorce or separation and keep them focused and on track.  The mediator also helps parents understand the impact of conflict on their children and provides an opportunity to build your communication and conflict resolution skills.

While the mediator may make suggestions to help you resolve your disputes, the mediator can’t make decisions for you or force you to reach agreement.  You and the other parent have the final say over parenting matters.  Mediation provides an opportunity for parents to maintain control over their parenting issues, as opposed to asking the court to decide.

Mediation is confidential and no information will be shared with the court by the mediator.  However, because mediators are mandatory reporters, they are mandated by law to report to appropriate institutions any suspected abuse or neglect of children, an elder or other adult at risk, and threats to harm yourself or others.  This information is an exception to confidentiality.  Before the session begins, your mediator will review mediation guidelines with you to ensure understanding of the process.

Most parents can resolve their issues in mediation with 3 to 5 sessions depending on the duration of the conflict and the number of issues in dispute.  Other factors influencing the outcome of mediation include your willingness to:

• Disengage from a win-lose mindset and instead engage in a cooperative process that considers both parents’ concerns,
• Listen to and consider the other parent’s point of view, even if you disagree with it,
• Accept that the other parent’s perspective, although different from yours, does not automatically negate your perspective, and
• Accept the idea that both perspectives can co-exist.

i     Fees: The fee for mediation is $100 per parent payable to the Clerk of Court.  If a parent cannot afford the fee, a petition to waive the fee may be submitted to the Family Court Commissioner who will determine if the mediation fee will be waived.

ii    Insurance. Fees for this service are not reimbursable by insurance.

If you agree on some or all the disputed issues, the mediator will draft an informal letter agreement that is sent to you and your attorneys.  It is not sent to the court and has no legal authority until both parents present it formally to the court in a format that meets certain legal requirements.

Safety Concerns: 

Mediation typically occurs with meetings involving both parents. Please contact Mediation and Family Court Services immediately at 608-785-6162 if you are concerned about your safety or your children’s safety by participating in mediation. You may also find resources and helpful information from the following organizations: 

• New Horizons Shelter and Outreach Centers
  
  
• Gundersen Domestic Abuse and Sexual Assault Program
  
  
• Mayo Safe Path Program
  
  
• Wisconsin Hmong Family Strengthening Program
  
  

Mediation Guidelines

MEDIATION AND FAMILY COURT SERVICES AND STAFF ARE NOT ALLOWED TO GIVE LEGAL ADVICE. Legal questions should be directed to your attorney or to the Lawyer Referral Service at 1-800-362-9082.

IMPORTANT: IF YOU HAVE ANY CONCERNS ABOUT PHYSICAL SAFETY FROM PARTICIPATING IN MEDIATION, PLEASE CALL MEDIATION AND FAMILY COURT SERVICES AT 608-785-6162 IMMEDIATELY.