Mediation is an alternative dispute resolution process for parents involved in the family court system in Winnebago County. The natural parents and their assigned mediator will meet and engage in discussions about the placement and custody of the involved minor children in an attempt to resolve the contested issues outside of the courtroom. The focus of mediation is creative problem solving rather than proving a legal case.
WHO PARTICIPATES IN MEDIATION?
In most cases, only the natural parents and an assigned mediator participate in sessions. Attorneys do not participate. Do not bring your children: not only do they not participate, but they should not be in the waiting room. We do not provide childcare.
WHAT TOPICS ARE DISCUSSED IN MEDIATION?
Parents will discuss legal custody (decision-making) and physical placement (children's schedules). Physical placement discussions typically include vacations, holidays, children's activity schedules, transportation and exchanges, and communication between parents and children. We will also discuss the co-parental relationship and communication between the adults.
ARE THERE TOPICS THAT WILL NOT BE COVERED IN MEDIATION?
Yes, we will not cover any financial issues, including child support. If you wish to attempt mediation regarding financial payments for children and/or child support, you may contact the Conflict Resolution Center to see if you qualify for services. If you do not, or you do not wish to mediate financial issues, you will then have to approach the court to ask for a hearing.
WHAT IS THE ROLE OF THE MEDIATOR?
A mediator is a neutral party that directs a discussion on contested issues of placement and custody. The assigned mediator provides education about the family court process and presents alternative solutions or ideas if parents are stuck. The assigned mediator will also help parents to build a better co-parental relationship and assist with planning for better communication.
Your mediator will not take evidence, act as either parent's advocate or make any decision on your behalf. Your mediator will not force you to sign onto an agreement.
IS MEDIATION MANDATORY?
Yes, in most cases mediation is a mandatory part of the court process anytime parents find themselves in court and in a dispute about placement and custody. Because of this, we offer mediation services as an option prior to filing with the court. To access services without filing a motion, you simply need to call our office.
CAN MY CO-PARENT AND I PARTICPATE IN MEDIATION VOLUNTARILY?
Yes, so long as you have a family court case in Winnebago County you may participate voluntarily in mediation. Voluntary participation means both parents independently contact the Office of Family Court Services and agree to open the file.
CAN WE PARTICIPATE IF THERE ARE NO-CONTACT ORDERS BETWEEN US?
Yes, we can still work with parents, even if there are restraining orders, bail conditions or probation rules in place preventing contact. You will be scheduled to attend different parent education groups, will wait and leave separately from appointments and will be kept separately during all sessions.
HOW DOES MEDIATION END?
Mediation concludes when parents reach an agreement or when it becomes clear that they will be unable to resolve the dispute. When an agreement is reached, your mediator will draft up the details of the agreement into a memo that will be signed and filed with the court.
OTHER IMPORTANT INFORMATION:
- Regardless of how you enter the mediation program, you will be required to attend the mandatory parent orientation program if you have never attended this, or have not attended the course or been involved in mediation in the last 5 years.
- Anytime a mediation file is opened or re-opened, the first session is free of charge.
- Mediation sessions will always take place during regular courthouse hours, which are Monday through Friday from 8am to 4:30pm. Each appointment is scheduled for 1.5 hours.
If you still have questions about your specific case and mediation, please call our office at (920)236-4762 for further information about our process.