Mediation

The information contained on this web page is provided as a courtesy to members of the public, and shall not be construed as legal advice. If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service at 800-362-9082 for additional assistance.

By statute, disputes related to legal custody and physical placement of children are referred to mediation. The philosophy of mediation is that parents have the capacity, authority, and responsibility to determine what is best for their child(ren). The Court may waive the requirement to attend mediation if there is an undue hardship, or the health and safety of a parent would be at risk. Mediators are family law attorneys specially trained to assist the parties in reaching an agreement that is in the best interest of the family. They do not mediate issues relating to property division, maintenance, child support, or other financial matters.

Referrals

Referrals to mediation may be made in three ways:

1. An attorney by verbal request in a hearing or by letter request to the Court. A copy of the request must be sent to the opposing party. The court official reviews the request and drafts an order if he/she agrees.

2. A parent by verbal request in a hearing or by letter request to the Court. A copy of the request must be sent to the opposing party. The court official reviews the request and drafts an order if he/she agrees.

3. A court official may decide to refer parties to Mediation because he/she thinks it may be helpful without a specific request from a party or the party's attorney.

Mediation Fees

Each party is required to pay a $100 mediation deposit fee within 10 days of being referred to mediation by a court official. In some circumstances, the Court may order one party to pay the entire $200 deposit. Checks/money orders are to be made payable to Oconto County Family Court. Debit and/or credit cards are not accepted. Payments may be mailed to the Oconto County Family Court Commissioner's Office, 301 Washington Street, Room 1173, Oconto, Wisconsin 54153. 

Mediation fees cannot be waived by the Court. Should only one party pay his/her required mediation deposit, that party may pay the entire $200 deposit and seek reimbursement from the other party at a later date.

Order for Mediation

An Order for Mediation and Assignment of Mediator will not be ordered by the Court until the entire $200 mediation deposit is paid. Once an Order for Mediation and Assignment of Mediator is signed by the court official, each party will receive a copy of said order in the mail. A copy of the order is also forwarded to the mediator.

Mediation Services

The court official assigns a specially trained mediator. It is the parties' responsibility to contact the mediator to schedule an appointment to commence mediation services. Parties are to participate in mediation services until an agreement is reached or until a party, the mediator, or the court believes mediation is no longer productive. Should parties reach an agreement, the mediator will draft the agreement for all parties to sign. The parties' signed agreement is forwarded to the court official for approval. The mediation agreement does not become a court order unless approved and signed by the court official. The mediator will notify the court official if parties reach an impasse at mediation. A Guardian ad Litem (GAL) will be appointed upon written request of either party and after the required deposits are remitted to the Oconto County Clerk of Courts. View for more information regarding Guardian ad Litem (GAL). 

Non-Cooperation

Parties' failure to pay any required mediation by the due dates or parties' failure to cooperate with mediation services may result in a status hearing being scheduled or the motion/case being dismissed by the Court.