How is a mediator chosen for a case?
In Wisconsin, the process for choosing a mediator for a case depends on the particular situation. Generally, however, when two parties are in disagreement and choose to resolve their dispute through mediation, they can either find a mediator through mutual agreement or a court may assign a mediator. If both parties agree to pursue mediation, they can either select an individual mediator or a mediation service. If the two parties choose an individual, they should both agree to the same one. A mediator’s background should include relevant experience or education in the applicable area of law as well as expertise in mediation. They should be certified or approved by an organization recognized by the Wisconsin Supreme Court. In cases where the two parties cannot agree on a mediator, the court can assign one. The court typically considers factors such as the mediator’s knowledge of the applicable law and its procedures, the complexity of the case, and the location of the two parties. They may also consider the cost associated with a mediator and whether there are any conflicts of interest that should be considered. Once a mediator is selected, the two parties will receive notice of the mediator’s name and contact information. They will also be informed of the proposed date and time for the mediation session, which the mediator will coordinate.
Related FAQs
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What should parties consider when negotiating a mediated settlement?
How can I find a qualified mediator for my case?
Are there any differences between mediation in the Federal courts and mediation in the State courts?
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Are there any laws governing the Mediation process?
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