Mediation / Arbitration

Mediation & Arbitration Lawyer in Madison

Efficient Divorce Resolution Alternatives in Wisconsin

When parties cannot settle a specific dispute during a divorce or legal separation between themselves, but do not wish to proceed to an adversarial and costly trial, other dispute resolution options are available. You may decide to resolve your disagreements with the help of a neutral third party.

Alternative dispute resolution methods like mediation or arbitration allow you and your spouse to address the matters at hand without publicly litigating. Our attorneys at Balisle Family Law Legal Counsel, S.C. are highly experienced with alternative dispute resolution processes.

Understanding Mediation and Arbitration in Family Law

In the case of mediation or arbitration, you and your spouse will agree to a third-party to help you resolve your dispute:

A mediator works with both parties to try to negotiate an agreement. A mediator cannot force either party to agree and cannot make decisions for the parties.
An arbitrator makes decisions and orders for the parties outside of a courtroom setting. An arbitrator’s decisions are binding on the parties. A court cannot order parties to participate in arbitration therefore, both parties must agree to use this type of alternative dispute resolution.
Some couples agree to mediation/arbitration. The arbitrator will try to help the parties reach an agreement first. If one cannot be reached, the arbitrator can then make decisions.

People often find that mediation and arbitration are a more efficient and civil means of resolving disputes. Agreements that have been mediated tend to be more successful over time than litigated settlements.

Through alternative dispute resolution, both parties have ample opportunity to express their wishes and often feel as if they have had more input into and control over the final agreement. Our knowledgeable attorneys at Balisle Family Law Legal Counsel, S.C., frequently participate in mediations and arbitrations as advocates for our clients.

Commonly Asked Questions

Is family law arbitration different from mediation in Wisconsin?

Yes, family law arbitration differs from mediation in Wisconsin. While mediation involves a neutral third party facilitating negotiation without making decisions, arbitration involves an arbitrator who listens to both parties and then makes binding decisions. Arbitration is a more formal process and can only occur if both parties agree to it, as courts cannot order arbitration. It's an alternative to traditional court proceedings, providing a private and binding resolution.

Can mediation and arbitration be combined in family law disputes?

In some family law disputes, couples may agree to a combination of mediation and arbitration, often referred to as med-arb. Initially, an arbitrator will attempt to mediate and help the parties reach an agreement. If an agreement cannot be reached through mediation, the arbitrator then switches roles and makes a binding decision. This hybrid approach can be effective in resolving disputes by first seeking a mutually agreeable solution before moving to a decision-making phase.