Frequently Asked Questions

What is Mediation?

What is the process of mediation?

Mediation is a two-step process:
Step 1 is a group Orientation. Per Wisconsin State Statute 767, all parents are required to attend an Orientation prior to attending mediation.
- The Orientation is held in person two times a month in the Courthouse Conference Room on the 2nd floor, next to our office.
- If you live two hours or more away from Rock County Courthouse, you have the option to attend the class via Zoom to watch a recorded video.
- The Orientation is designed to help parents make better decisions for themselves and their children.
- The Orientation covers meanings of legal terms, such as "legal custody" and "physical placement", as well as ideas for communicating and co-parenting with the other parent.
Step 2 is the actual private mediation appointment with both parents and a mediator.
- Mediation appointments are in-person, unless one parents lives two or more hours away. Facemasks are not required; however, if you are sick with a fever greater than 99.5 degrees, or are having difficulty breathing, cough, nasal discharge, loss of taste or smell, nausea, vomiting, diarrhea, generalized aches, pink eye, rash or excessive fatigue, we ask that you to please call us and reschedule.
- The Mediator will review the Mediation Guidelines with the parents.
  - The Guidelines address State mandates and Mediation & Family Court Services' policies and procedures regarding:
    - The purpose of mediation
    - Safety
    - Respectful behavior during mediation
    - CPS involvement
    - Confidentiality and exceptions
    - Caucus (A brief private meeting with the mediator and each parent individually. Information shared in Caucus is confidential, with the exception of any information the Mediator believes may be threats of harm to yourself or others.
    - Termination of mediation by a parent
    - Declaration of an impasse by the Mediator
    - Information provided to the Court
    - Communications with collateral professionals and attorney
    - Return policies/procedures
    - Mediator's role is that of a "3rd party neutral"
- Please notify the Mediation & Family Court Services Office if there is a Restraining Order, Domestic Abuse Injunction, a No Contact Order or if you are working with Child Protective Services, because mediation MAY not be appropriate for you at this time.

How can I request a mediation session?

Can the other parent and I use mediation if we were not married?

Is there a fee?

The fee is $40 per parent for the required Orientation class. This fee includes your Orientation, your FIRST Mediation and your written Agreement. The Orientation class you attend is good for five(5) years, regardless of how many times you may need to return to Mediation over the coming years.
If you DO need to return to Mediation at any time in the future for issues of physical placement or legal custody which you are unable to agree on, there will be a fee which varies from $75 to $125 per parent.

How does an agreement made in mediation become a court order?

Agreements in Mediation are mutually agreed upon by both parents. Your joint decisions are drafted into a Memorandum of Agreement (MOA) by the Mediator and sent for review to you and your attorney, if you have one.
After both parents review and sign the MOA, the document is submitted to the Court for the Judge's signature. After the Judge signs it, your Agreement becomes a Court Order.

What is a Memorandum of Agreement (MOA) and what is in it?

A Memorandum of Agreement is a legal document with all the decisions that you jointly agree on in mediation. Your document will identify the language of physical placement and legal custody.
- PHYSICAL PLACEMENT
  - TIME with each parent, including regular days and holidays.
- LEGAL CUSTODY
  - Who makes the decisions, including school choice.

Can my Attorney, new partner or another family member be in the mediation with me?

Do I need an attorney?

Do I have to attend mediation with the other parent?

Parents may attend the same in-person Orientation class or choose to attend a different class. In-person Orientation classes are held twice a month in the Courthouse Conference Room on the 2nd floor, next to the Mediation office.
- New partners or other adult family members may attend the Orientation class with you. There is no charge for them to attend the Orientation class with you, as support.
The mediation session is conducted with both parents together in-person in a safe environment with the Mediator in our office on the 2nd floor. Attorneys, new partners, other adult family members, or children are not allowed in the mediation room. The mediation appointment is closely monitored by the Sheriff's Department on video as well as checked on by a Sheriff stopping by in person.
The decisions made in mediation are those of both parents only.

How long does a mediation session last?

Mediation sessions are scheduled for two (2) hours in length; however, if parents are able to discuss issues in advance, it will reduce the time required to discuss your decisions in your mediation appointment.
Sometimes it takes more than one session for parents to reach a mutually acceptable agreement. The parents, along with the Mediator, will determine how many sessions are necessary to achieve an agreement.

What if we don't reach an agreement in mediation?

Will the mediator testify in court?

If the other parent is not complying with our court-ordered agreement, what are my options?

Will I have to return to mediation after the first session?

Rock County, WI

Service Finder

How Do I...