Frequently Asked Questions About Divorce Mediation In Milwaukee

At D'Angelo & Grabow, LLP, we are passionate about helping people get through divorce and custody matters in a civil, affordable manner. Our attorneys are also certified mediators who can handle the mediation of your divorce. If you have already chosen a mediator, we can be your lawyers during mediation.

See the Milwaukee divorce mediation FAQ below, and let us know if you have further questions.

Do we have to agree on everything before we start mediation?

No, you do not have to agree on everything before you start mediation. In fact, mediation is where couples most often come to an agreement.

If you already agree on everything and your divorce is uncontested, you can just have one of our lawyers look over the paperwork to ensure everything is correct and then file the papers.

Is the mediation agreement legally binding in Wisconsin?

Yes, the mediation agreement is legally binding in Wisconsin, but only after it is written out, reviewed and signed by a judge, and signed by both parties. It is not legally binding until that happens.

Is mediation cheaper than a traditional divorce?

Yes, mediation is usually cheaper than a traditional divorce for a few reasons, including:

• It’s shorter. Mediation typically takes much less time than a traditional divorce, which reduces the cost significantly.
• It’s not adversarial. Divorce litigation is an adversarial process, pitting the spouses against each other. This makes it more difficult to come to an agreement, which may result in the need for a courtroom battle.
• It involves less work. Traditional litigation means court appearances, discovery and other legal work, which is expensive.

How does mediation work with Wisconsin’s 120-day waiting period?

Mediation can begin during the 120-day waiting period in Wisconsin. You can get started with the mediation during this time. If you reach an agreement during the 120 days, you can finalize the divorce once the waiting period ends.

Do we need to hire separate lawyers and a mediator?

Yes, you need to hire separate lawyers and a mediator if you wish to work with a lawyer, because your lawyer cannot simultaneously serve as the mediator. They must be different parties.

However, you do not have to use lawyers in divorce mediation if you do not want to. It is often a good idea for each spouse to have an attorney to ensure that their rights are protected, but it is not a requirement.

How long does divorce mediation typically take in Wisconsin?

Divorce mediation usually takes between two and six sessions in Wisconsin, depending on the number and complexity of disputed issues. Sessions often last one to two hours and are scheduled several weeks apart to allow time for gathering documents and considering proposals.

Many couples complete mediation within one to three months. However, cases involving substantial assets, businesses or parenting concerns may require additional meetings.

What issues can Wisconsin divorce mediation cover?

Mediation can address nearly every issue that must be resolved in a Wisconsin divorce. Examples include legal custody, physical placement schedules, child support, spousal maintenance, division of marital property and allocation of marital debt.

Couples may also discuss matters like tax considerations, communication methods and future decision making. Since mediation is flexible, you can tailor discussions to your specific needs.

Who can attend divorce mediation sessions in Wisconsin?

Most sessions involve only the spouses and the mediator, which helps maintain a cooperative environment. Attorneys may attend if spouses agree, but many lawyers instead provide guidance between sessions. Support persons are generally not permitted unless the mediator and both spouses consent, since additional participants can affect confidentiality and the balance of the process.

The goal is to create a setting where spouses can speak openly and work toward mutual agreements.

Do we have to mediate in person, or can Wisconsin divorce mediation be done online?

Wisconsin allows mediation to occur either in person or through secure online platforms such as Zoom. Remote mediation can be helpful for spouses who live in different locations, have demanding schedules or prefer the comfort of participating from home.

Mediators typically use breakout rooms for private discussions and follow the same procedures used in traditional sessions. Whether in person or online, the process remains confidential and focused on constructive problem-solving.

What happens if we reach an agreement on some issues but not all issues in mediation?

If you are able to resolve some issues but not all, the mediator can prepare a partial agreement that reflects the progress made. Any remaining disputes may proceed to further negotiation, additional mediation or ultimately a court hearing if no resolution is reached.

Courts generally encourage continued settlement efforts, and partial agreements still reduce the number of contested matters, which can streamline the overall divorce process.

Talk To Us About Mediation Versus Litigation In Wisconsin

If you have additional concerns about mediation, please call our office at 262-383-2700 or send us an email to schedule an appointment.