Are there limits on the amount or types of compensation that can be awarded in mediation?
In Wisconsin, mediation law dictates that there are limits on the amount or types of compensation that can be awarded in mediation. These limits are defined by the Wisconsin Statutes, which state that any compensation or award made in a mediation process shall not exceed the maximum amount of damages, costs, or other expenses to which a party may be entitled in a civil action. The type of compensation and award made in a mediation is also limited by law. The Wisconsin Statutes specify that the court may only award money damages or compensation that the parties agree to in the mediation process. In addition, courts will not make other legal determinations, such as granting injunctions or judicial declarations. Wisconsin law also states that the parties do not have to come to any agreement in mediation, and the court may not impose any penalty or sanction on the parties for failing to agree. The parties must take into consideration their statutory obligations when negotiating an agreement, as the court cannot order any settlement that violates the law. Finally, Wisconsin law limits the type of order that a court can make in a mediation process. The Wisconsin Statutes limit a court’s order to a full or partial dismissal of the claims, orders changing the legal status of the parties, an award of costs or expenses, and an award of damages, if appropriate.
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