Mediation
Family Law Mediation - Divorce, Custody, Guardianship or Probate
Mediation is an effective way to address your disputes from start to finish and save money. You do not have to be amicable to try mediation. It simply avoids prolonged litigation and the cost and emotional drain while still having the legal guidance from an experienced family law attorney. The mediator/attorney acts as a neutral party, to help parties understand the process, what the court expects, and assist in reaching a negotiated agreement on any or all disputed issues. This include a divorce, as well as property and asset/debt division, child support, maintenance /spousal support, or child related matters such as placement, custody and health insurance or for parties who are not married but need to work though custody, support, or guardianship.
Probate matters often involve family disputes from handling a decedent's assets to questions on distributions and settling personal property disputes. The court process is long, costly, and in the end, the court will also require you to try to resolve the dispute. So why not start the process that way and be guided by the mediator through the necessary components from start to finish.
Choosing how to address your dispute is almost as important as the dispute itself. You will also be more satisfied with the outcome as you had a voice in the discussions from start to finish.
Mediation is a viable alternative as difficult discussions occur in the "safe zone" of each mediation session, typically 3-5 sessions. We also offer a flat fee mediation package which includes all mediation sessions with an attorney and assistance completing and filing the required court forms.
Call today to explore your mediation options
262-432-3600.
Divorce Mediation Attorney Serving Brookfield, WI and Waukesha County
Horizons Law Group, LLC offers mediation attorney services to residents of Brookfield, WI, and surrounding Waukesha County communities, including Pewaukee, New Berlin, Muskego, Menomonee Falls, and Waukesha. Attorney Michelle Fitzgerald's practice focuses on family law and mediation for divorce and estate planning matters. The firm's approach follows a clear priority: Educate, Collaborate, Mediate, and, when necessary, Litigate.
Brookfield residents navigating divorce or custody disputes face specific procedural requirements. By statute, all disputes related to legal custody and physical placement of children must be referred for mediation to Family Court Services, though the court may waive this requirement if there is undue hardship or if health and safety would be at risk. In Waukesha County, there is no initial evaluation session; the first session is where mediated agreements are made.
Waukesha County Family Court Services mediators do not address property division, maintenance, child support, or other financial matters. This is where working with a private mediation attorney at Horizons Law Group may offer a broader scope. Both parties must agree to participate, and the attorney mediator assists parties in reaching an agreement, including suggesting alternatives that may meet both parties' needs.
Is Mediation Required Before Divorce Court in Wisconsin?
Wisconsin law generally requires mediation when custody or placement is contested. Where custody or physical placement is disputed, parties must attend at least one mediation session before a judge can hold a trial or final hearing, absent certain exceptions. For Brookfield families, mediation is often a necessary step, not just an option.
Litigation places decision-making authority entirely with a judge and typically involves longer timelines, formal discovery, and court appearances. Mediation keeps control with the parties. Because mediators cannot offer legal advice or represent either spouse, many people choose to consult with a separate attorney during or after mediation to review the final agreement. Horizons Law Group can serve in this advisory capacity even when not acting as mediator.
What Does a Mediation Attorney Do Differently Than a Court Mediator?
A court-appointed mediator is neutral and cannot advise either party. A mediation attorney at Horizons Law Group may serve as either the neutral mediator facilitating your sessions or as your legal advisor alongside the process, helping you understand your rights before agreeing to anything. The firm is transparent about these boundaries so clients can choose the right level of support.
What Issues Can Private Mediation in Waukesha County Cover?
Private mediation through Horizons Law Group may address a wider range of issues than court-ordered mediation. Property division, financial matters, and estate-related disputes can all be brought to the table, giving Brookfield couples a more complete path to resolution outside of a courtroom.
How Many Mediation Sessions Are Typically Needed?
Mediation typically involves three to five sessions. The number varies based on the complexity of the issues and how prepared both parties are when sessions begin.
Does Horizons Law Group Offer a Flat-Fee Mediation Option?
The firm offers a flat-fee mediation package that includes all mediation sessions with an attorney and assistance completing and filing required court forms. Clients can contact the firm directly to learn what is included.
Can Brookfield Residents Get a Consultation Before Committing to Mediation?
Yes. Horizons Law Group offers a free 15-minute consultation to discuss your situation and options, a useful first step for anyone in Brookfield, WI, who wants to understand whether mediation is the right fit.
