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, they can avoid a public trial by agreeing to mediate and/or arbitrate their disputed issues. 

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.

Attorney Linda S. Balisle has participated in mediation and arbitration as an attorney for one of the parties and as a mediator and arbitrator.  She has also acted as a Referee appointed by the Wisconsin Supreme Court to hear Wisconsin Attorney Ethics complaints, and as a hearing examiner for the Department of Public Instruction in cases related to allegations of teachers’ sexually inappropriate behavior with students. 

Family or Privately Held Business & Divorce: Uniquely suited for resolution by Mediation and Arbitration

While most divorces involve two spouses, when there is a family business, there are usually many unnamed parties to the divorce: the founder, a trustee of shares held for family members, non-family owners, lending institutions, in-laws who are employees of the business, and dependents who rely on the business for health care benefits and support. Decisions made by the divorcing spouses can affect all the unnamed parties.

With the agreement of the divorcing parties, some of the other interested parties may be included in a mediation and arbitration, ensuring all the issues are truly resolved.