Mediation Services

Mediation is a form of conflict resolution. It helps parties discuss their differences, learn new information, and make informed decisions. Our trained, impartial mediators help you to clarify and resolve your dispute in a way that is practical and satisfactory for all parties involved. Matthiesen, Wickert & Lehrer, S.C. (“MWL”) combines experienced litigation skills with an approach that recognizes that mediation and any settlement or resolution should be driven by the parties, not the mediator. While not acting as attorneys when serving as mediators, MWL comes to the table with substantial experience as litigators. Analytic skills and familiarity with the litigation process enable our mediators to speak the language of counsel and meaningfully explore with counsel and parties their best and worst alternatives to a negotiated settlement in light of a nuanced legal background. Our firm strives to resolve conflicts, large or small, in an economical, sensitive, diplomatic, and professional manner. Our conference center has comfortable conference rooms and plenty of casual lounging space. Whether your dispute is in litigation or not yet filed, or whether it involves a few thousand dollars or millions of dollars, or whether it’s about issues other than money, MWL will give your negotiations the best possible chance for success.

Believing there is a need for mediation services outside the Milwaukee area, Matthiesen, Wickert & Lehrer, S.C. Mediation Services is located in Hartford, Wisconsin, approximately 35 miles northwest of Milwaukee in the rolling hills of Wisconsin’s Kettle Moraine region. Hartford’s central and convenient location allows us to provide mediation services throughout Southeastern and Central Wisconsin.

Our Mediation Style

If you were to dig into literature available on the subject of mediation, you would find that some mediators try to label mediation styles and processes as either “facilitative” or “evaluative.” All mediators, regardless of style, must remain impartial and neutral, but mediators adopt different approaches, methods, and styles to “facilitate” a resolution. While we will resist any definite label being applied to our approach to this process, we have found that a more evaluative process tends to produce better results in the resolution of disputes.

Fees

$275 Per Hour – Split Between Parties

Types of Disputes We Can Handle

• Civil Matters
• Insurance Coverage
• Subrogation
• Contract
• Landlord/Tenant
• Business Disputes
• Professional Liability
• Personal Injury
• Bad Faith Disputes

Frequently Asked Questions Regarding Mediation

What is Mediation? Mediation is a process whereby a trained, neutral professional meets with parties to facilitate discussion and explore options for settlement. A mediator does not represent either party and does not provide legal advice. During the mediation sessions, the parties are encouraged to communicate with each other, share thoughts and ideas about settlement, all in an effort to resolve issues without the need for court intervention. If agreements can be achieved during mediation, the mediator will often prepare a written memorandum that will be shared with the parties and counsel, if any.

Why Use Mediation? Settling disputes through litigation in court can take years and cost thousands of dollars for filing fees, witness fees, and attorney fees. Even if you win in court, the losing party might appeal, causing more delay and incurring additional costs. Here are some benefits to mediation:

• Reduces Stress – Mediators facilitate a process of cooperative discussion.
• Confidential – Mediation settings are private and the discussions are confidential.
• Self-Determined Outcome – The parties decide how their dispute will be settled.
• Brings Closure to Disputes – Mediators assist parties to address the underlying issues of their dispute so that the conflict can be resolved.
• Preserves Relationships – Mediators help parties develop a sense of mutual respect and collaboration. This helps to restore the parties’ trust and ability to communicate.

A mediator helps participants explore all of their options, including resolutions that are not available in court. Litigation and arbitration are win-lose propositions. In mediation, participants can search for win-win outcomes. Disputes can be resolved through mediation at any time before or after litigation or arbitration is commenced.

Arranging A Mediation. Meditations can be arranged through direct request or by referral. Every mediation process is different, but normally mediation involves the following initial steps:

1. The mediator is approached by one person or party with a request for information or mediation assistance.
2. The mediator contacts the other persons or parties involved and ask if they are willing to consider mediation.
3. The mediator sends each person or party information about mediation and about the mediator, along with a mediation contract for the participants to complete. Sometimes, the mediator requests written background information on the dispute. Each party can submit information confidentially to the mediator if there is something they do not want to disclose to the other parties involved.

A time and place suitable for all parties involved is arranged for the mediation meeting. This can be the office of one of the parties or their attorneys, the mediator’s office, or some other neutral space.

How long does Mediation take? Typical mediation cases, such as consumer claims, small business disputes, or auto accident claims, are usually resolved any where from a few hours to a half a day. Cases with multiple parties may last up to a full day.

What is the difference between mediation and arbitration? A mediator normally has no authority to render a decision. It’s up to the parties themselves, with the mediator’s assistance, to work informally toward their own settlement or resolution. An arbitrator conducts a contested hearing between the parties and then, acting as a judge, renders a legally binding decision. Arbitration resembles a court proceeding: Each party calls witnesses, presents evidence, and makes arguments.

Mediation Articles

U.S. 7th Circuit Court of Appeals Interprets Wisconsin’s Mediation Statute and Privileges