Are there any differences between mediation in the Federal courts and mediation in the State courts?

Yes, there are notable differences between mediation in the Federal courts and mediation in the State courts of Wisconsin. First, Federal courts generally recognize and use the American Arbitration Association (AAA) rules for mediations. This is different than the Wisconsin State courts, which have their own rules and procedures for mediations. These include having the parties exchange information and documents prior to the mediation. In Federal court, mediation is often done on a voluntary basis and is not necessarily required. However, State courts in Wisconsin require mediation as part of the litigation process. Additionally, Wisconsin State courts have a requirement that all attorneys, both parties, and the mediator all meet in person for the mediation. Federal court procedures are more lenient in this regard and allow for multiple methods of communication, such as telephone and videoconference. Finally, the Federal rules of procedure dictate the process of mediation in Federal courts, while the State court rules are more flexible. This means that the process can be tailored to the parties involved and the specific dispute. Each mediation has to be handled in a way that is best for the case.

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