In Green County, it is important to distinguish court-connected custody and placement mediation from private mediation of the entire divorce.
Court-connected custody and placement mediation
Before entry of the final divorce judgment, the case must first be filed and the original documents served. A party may then send a written mediation request to the Green County Family Court Commissioner and the other party. The request should identify the custody or placement problem specifically.
If it is the parties' first mediation in the case and only custody and placement are being mediated, Green County pays for the initial session, up to $250. A later mediation or mediation involving additional issues may require a deposit toward the mediator's fees.
After a final judgment, a party ordinarily must first file and serve a motion or order to show cause concerning the custody or placement issue. The party may then submit a Request for Court-Ordered Mediation, Wisconsin Form FA-4134, to the commissioner's office and the other party. Fees or a deposit may apply.
Green County's current procedures state that family-court mediation sessions can be conducted by telephone or Zoom, at the mediator's discretion. The commissioner may appoint a guardian ad litem without first requiring mediation when there is reason to believe mediation would not be effective or appropriate.
When mediation produces a custody or placement agreement, the agreement must be placed in writing and submitted to the court. The court may approve or reject it based on the child's best interests. When mediation does not produce an agreement, the case may proceed with appointment of a guardian ad litem, a custody and placement study, further hearings, or trial.
Private divorce mediation may address property division, debts, maintenance, support, parenting arrangements, and other terms of the divorce. The mediator facilitates an agreement but does not replace either spouse's need for independent legal advice. Any final agreement must be properly documented and approved by the court before it becomes part of the divorce judgment.
Family & Divorce Mediation
Mediation gives parties an opportunity to resolve family-law disputes without asking a judge to make every decision for them. As an attorney-mediator, I help parties identify the issues, exchange proposals, test possible solutions, and work toward agreements that can be reduced to writing and submitted to the court when appropriate.
Private divorce mediation may address property division, debt, maintenance, child support, parenting arrangements, and the other terms necessary to complete a divorce. The mediator facilitates the discussion and helps the parties work toward resolution, but does not act as either party’s individual attorney.
Parents may use mediation to address legal custody, physical placement, communication, exchanges, school-year schedules, holidays, and other parenting issues. Some cases involve court-connected mediation; others are better suited to private mediation of a broader set of issues.
Post-judgment disputes
Mediation can also be useful after divorce or paternity judgment when circumstances change and the parties need to revise placement, support, or other obligations without returning immediately to contested litigation.
Independent legal advice still matters
A mediator is neutral. Each party remains responsible for deciding whether a proposed agreement protects that party’s legal interests. In many cases, it is appropriate for one or both parties to obtain independent legal advice before signing a final agreement.
Talk with Guth Law
If both parties are interested in discussing whether mediation may be a workable alternative to litigation, contact Guth Law for scheduling and process information.
This information provides a general overview of Wisconsin law and is not legal advice regarding any particular case.
