WAUSHARA COUNTY—MEDIATION PROGRAM FOR PLACEMENT AND CUSTODY OF CHILDREN
If you are a parent of minor children, and you and your co-parent are no longer together, you may find yourself involved with the Family Court in Waushara County. Family Court matters include divorces, legal separation, and paternity cases.
Regardless of what type of case you have, when separation of a family occurs, parents may find a need for a court order that dictates when the children will spend time with each parent (physical placement) or how to discuss and make major decisions for children (legal custody). Whether you are involved in court for the first time, or coming back for a reviews of these issue, if you find that you and your co-parent do not agree on the issues of physical placement or legal custody, mediation may be part of the process for your family.
1. WHAT IS MEDIATION?
Mediation is an alternative dispute resolution process, where natural parents and their assigned mediator come together to discuss the physical placement and legal custody of their minor children in an attempt to resolve contested issues outside of the courtroom. The focus of mediation is creative problem solving rather than proving a legal case.
2. IS MEDIATION REQUIRED?
Mediation is mandatory in the State of Wisconsin in most family court matters when parents do not agree on the issues of physical placement and/or legal custody of their children. Because of this, mediation may be an option prior to filing with the court.
If you have never participated in mediation before, or if it has been more than 5 years since you last participated, you will be required to attend a mandatory parent education/mediation orientation program. There is no cost to this, and it typically occurs on the same day as your mediation appointment to limit your trips to the courthouse.
3. WHO PROVIDES MEDIATION?
Mediators from Winnebago County Family Court Services provide all mediation services for Waushara County matters. Mediators will travel to the Waushara County Courthouse to provide in person services, typically the 2nd and 4th Tuesday of each month. Alternate dates/times may be arranged under specific circumstances, but are not guaranteed.
4. WHAT IS DISCUSSED IN MEDIATION?
Only the issues physical placement, legal custody, and communication/coparenting regarding the children will be covered in mediation. Issues of child support, property division, taxes, or other expenses will NOT be discussed. Resolution of financial issues will occur after you complete mediation of the placement and custody issues.
5. WHAT IS THE ROLE OF THE MEDIATOR?
The mediator is a neutral party that directs a discussion, while providing education, alternative solutions and suggestions to resolve disputes. The
mediator does not represent either parent, nor does the mediator take evidence or make decisions for parents. If the parents, through guided discussion, reach an agreement on the contested issues, the mediator will draft up the agreement and provide the terms of the agreement to the court and parents. The mediator will also provide information about how parents can formalize the agreement into a court order.
6. WHO CAN ATTEND MEDIATION SESSIONS?
Only natural parents and the assigned mediator will attend. Attorneys, friends, family members and significant others will not be allowed to participate. Children will also not participate. Do not bring children as no childcare is provided.
7. HOW DO I GET INTO MEDIATION?
Parents must have an established court case in Waushara County. Once this is established, there are two ways parents get into mediation:
a. They have an open court case, and the judge orders the parents into mediation. Sometimes, this order happens at a hearing, or it is due to attorneys asking the judge to order it in between hearings. The court communicates directly with the mediation program to open a case.
b. One parent contacts the mediation department directly to request mediation services. If the case qualifies for services, a file will be opened on that parent's request and the other parent will be court-ordered to appear and comply with mediation.
8. IS THERE A COST FOR MEDIATION?
The first mediation session will always be free. Once a file is opened, if parents use two or more sessions, a flat fee of $150 is charged to both parents. This is not a per session fee. Any time a file is re-opened, the same fee structure applies.
Family Court Services staff is available by telephone and email, Monday through Friday, 8am to 430pm to answer questions about the mediation program and to help you assess your eligibility to participate. There is no fee to call, and no filing fee to request services.
To reach a member of FCS staff, call the main office number at (920)236-4762 and choose "option 1" on the automated system. You may also email our general inbox, at FamilyCourtServices@winnebagocoutywi.gov.
WAUSHARA COUNTY INFORMATION:
Waushara County Courthouse
380 S. Townline Rd.
Wautoma, WI 54982
Clerk of Court (920)787-0441 (Courthouse, 2nd Floor)
Child Support (920)787-0400 (Courthouse, 2nd Floor)