Can spousal support be awarded in mediation or arbitration?
Yes, spousal support can be awarded in mediation or arbitration in Wisconsin. Mediation and arbitration are both forms of alternative dispute resolution (ADR) that can be used to resolve divorces, including the issue of support. In mediation, a neutral third-party mediator assists the parties in negotiating a settlement agreement. In arbitration, the parties present their respective cases to an agreed-upon arbitrator who renders a decision based on the presented evidence. In Wisconsin, a premarital or marital agreement containing a provision for spousal support is enforceable, and if the parties can mutually agree on the amount of spousal support in mediation or arbitration, the court will enforce it. However, if a dispute arises concerning the parties’ agreement, then the court will have to decide the amount of spousal support. Moreover, Wisconsin courts can assign a mediator to resolve a contested issue of spousal support. In such cases, the mediator’s role is to help the parties reach a resolution of the matter, and this resolution can include an agreement for spousal support. The mediator’s findings and recommendations are not binding, but they may be accepted by the court. In arbitration, a decision on spousal support is legally binding on the parties. Therefore, if the parties can agree on the amount of spousal support in mediation or arbitration, then the court will enforce it, regardless of whether it is in the form of an agreement or a court award.
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