3. How does divorce mediation work in Green County?

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 comprehensive divorce mediation

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.