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Divorce Models

When we consult with our clients, we discuss at length the advantages and disadvantages of the traditional model (litigation), mediation, and collaboration, and strategize to reach the best decisions according to the unique circumstances of each particular matter.
Usually considered favorably by the parties, their attorneys and the court, mediation will work well when parties are behaving more rationally than irrationally and are willing to fairly compromise. Mediation will not work well in settings of power imbalances or when one spouse is not ready to reach decisions or let go of the marriage.
“‘Mediation’ means a dispute resolution process in which a neutral 3rd person, who has no power to impose a decision if all of the parties do not agree to settle the case, helps the parties reach an agreement by focusing on the key issues in a case, exchanging information between the parties and exploring options for settlement.” Sec. 802.12(1)(e), Wis. Stats.
Mediation is a cooperative and voluntary process, and either of the parties or the mediator can terminate the process at any time.