Below is a list of the Mediation Center of Greater Green Bay‘s most FAQ’s and the answers.
+What is Mediation? -Mediation is a conflict resolution process in which two parties meet with an impartial, trained mediator in an effort to formulate an agreement between litigants or co-parents. It’s a confidential process, and participation is either court-ordered or voluntary.
+Why participate in Mediation? -Mediation is an informal process that provides participants a voice and opportunity to settle their dispute without a judge present to make decisions for litigants. Co-parents can work together to create a plan that is in the best interest of their minor children.
+What Mediation is Not. -Mediation is not arbitration or a court proceeding to determine innocence or guilt. It’s a way to find a peaceful resolution to cases focused on small claims for money, evictions, and family cases involving minor children.
+What does a mediation session look like and how should I prepare? -Mediation sessions are informal. Each party is given an opportunity to participate. The mediator guides the discussion, helps clarify, and impartially works to formulate an agreement between litigants or co-parents. In family cases, each parent is required to complete a Proposed Parenting Plan and submit the form to the Mediation Center 10 days prior to mediation. (See Form FA-4147V at https://www.wicourts.gov/forms1). If a compromise is reached, the mediator will prepare a written document that must be signed by all parties before it becomes legal.
+How long does a mediation session take? -Eviction mediations are often completed in 15 minutes at the Courthouse on Tuesdays, depending on how each party approaches their dispute. -Small claims mediations may take one to two hours depending on the complexity of the issues involved and the willingness of each party to seek compromise. -Family mediations will usually take up to two (2) hours or more and can often result in multiple mediation sessions to get all issues resolved.
+How does mediation work if either of the parties or both are represented by an attorney? -Attorneys are given the opportunity to review any proposed agreement before such agreement becomes final. In family cases, an attorney of record must sign the agreement before it can be submitted to the Court with an Order. -Small Claims Cases: The MCGGB will ensure that both parties and their attorneys receive copies of agreements. Changes can be made to these agreements until all parties are satisfied and ready to sign the mediation agreement. -Family Cases: Upon receipt of signatures from the co-parents and attorneys(if any), the MCGGB will submit the agreement to the Family Court. If approved, the Family Court will sign an accompanying Order. Attorneys will receive a complete copy of these documents electronically via the Court’s e-filing system, and individuals representing themselves will be sent a copy from the Court via regular mail. Please note that if either co-parent requests changes to the agreement after their mediation appointment, a follow-up appointment may be required. Revisions cannot be made unless both co-parents agree.
+What is the cost of mediation? -Mediation for small claims and evictions is at NO cost if it is court ordered. -For family mediation, Wisconsin Statutes require that each co-parent pay a $100 mediation fee. The fee is payable to The Mediation Center of Greater Green Bay. If a co-parent has been court-ordered to mediate but cannot afford the fee, an application can be submitted to the Family Court to see if they qualify for a deferral of the fee from Brown County. Deferrals cannot be granted in voluntary cases. -Fee Schedules for Private Mediation Services are as follows: *The Mediation Center provides private mediation services upon request if it is determined the case is appropriate for mediation. *A nonrefundable $50 payment is required prior to scheduling the mediation to cover time and expenses related to preparing for the session. *Additionally, a $50 per hour fee will be charged to facilitate the mediation and will be due regardless of the outcome. This charge will be invoiced and forwarded at the session’s conclusion.
+What types of cases are Mediated at the Mediation Center? -Small Claims Program: 95% of our cases are court-ordered and involve small claims cases of under $10,000 and landlord/tenant disputes. The center will also facilitate private community mediations if deemed appropriate. -Family Program: 90% of our cases are court-ordered and involve matters between co-parents concerning their minor children. Co-parents may voluntarily participate in mediation if both parents agree to do so.
+What happens if a Small Claims mediation agreement is not reached? -The mediator will declare an impasse and the dispute will be referred back to the Court for resolution. -A court date will be assigned at the time of mediation for small claims and evictions. +What happens if a mediation agreement is not reached in a Family case? -The mediator will declare an impasse. -Usually a Guardian ad Litem may be requested by either co-parent. In some instances, a co-parent may be required to file a Motion first. Your attorney may have other legal advice for you as well. +Can Small Claims parties return to mediation before a court date if both parties agree to return to mediation? -Small claims litigants should contact the Clerk of Courts prior to their assigned Court date if both parties want to return to mediation or make any other changes.
+What happens if one of the parties does not follow the mediation agreement? -Small Claims: If one of the parties does not follow through on the agreement, it’s called non-compliance. A small claims affidavit of non-compliance form (found on the Circuit Court website) should be submitted to the Clerk of Court. -Family Program: A motion will likely need to be filed with the Family Court. The co-parents are welcome to return to mediation voluntarily if they both agree to do so and each pay a mediation fee.
If we have not answered your questions or you would like to further discuss our services, please do not hesitate to contact us at (920) 438-7067.