Wisconsin
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Wisconsin. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Wisconsin can be found in RSI’s Research Library and in Reports below.
State Legislation
- Wisconsin Statute 767.405: Family Court Services
- Wisconsin Statute Chapter 788: Arbitration
- Wisconsin Statute 802.12: Alternative Dispute Resolution
- Wisconsin Statute 814.615: Fees for mediation and studies
- Wisconsin Statute 904.085: Communications in mediation
- Wisconsin Statute 938.34(5r): Victim-Offender Mediation Program
Statewide Court ADR Rules and Policies
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Wisconsin Statute 938.34(5r): Victim-Offender Mediation Program
Wisconsin State Legislature. May. 1, 2019Resource Type: Legislation
Abstract: Under this statute juveniles may participate in a victim-offender mediation program if the victim of the juvenile's delinquent act agrees. ...
Wisconsin Statute 814.615: Fees for mediation and studies
Wisconsin State Legislature . May. 1, 2019Resource Type: Legislation
Abstract: This statute lays out fees for mediation in family court. Under this statute, the first mediation is free for the parties. All mediation sessions conducted after the first session require a single fee of $200, regardless of the number of mediation se...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Wisconsin State Statute Chapter 788: Arbitration
Wisconsin State Legislature. Jan. 1, 2019Abstract: This series of statutes address arbitration in Wisconsin. An agreement in writing between two or more persons that contains a provision to arbitrate are valid, irrevocable and enforceable. This chapter does not apply to contracts between employers an...
Wisconsin Statute 767.405: Family Court Services
Wisconsin State Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: Any action affecting the family in which it appears that legal custody or physical placement is contested shall be referred to the director of family court services for possible mediation. The director shall appoint a mediator, or the parties may sel...
Wisconsin Statute 904.085: Communications in mediation
Wisconsin State Legislature. April 16, 1996; amended July 1, 2010Resource Type: Legislation
Abstract: With some exceptions, this statute states that "no oral or written communication relating to a dispute in mediation made or presented in mediation by the mediator or a party is admissible in evidence or subject to discovery or compulsory process in a...
Wisconsin Statute 802.12: Alternative Dispute Resolution
Wisconsin State Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: A judge may order the parties to an action to select a settlement alternative, including direct negotiation, early neutral evaluation, focus group, mediation, mini-trial, moderated settlement conference, summary jury trial, or binding or non-binding ...
Rules
Wisconsin Supreme Court Rule 20:2.4: Lawyer serving as 3rd-party neutral
Wisconsin Supreme Court. Jan. 1, 2019Resource Type: Rules - Court
Abstract: Under this rule, when an attorney is serving as a 3rd party neutral, the attorney is required to clarify that they are not represening either party and cannot give legal advice. ...
Wisconsin Supreme Court Rule 22.10: Diversion to alternatives to discipline program
Wisconsin Supreme Court. Jan. 1, 2019Resource Type: Rules - Court
Abstract: In cases of attorney discipline, this rule permits the use of mediation or fee arbitration as an alternative to the discipline program. ...
U.S. Court of Appeals for the Seventh Circuit, Rule 33: Prehearing Conference
U.S. Court of Appeals for the Seventh Circuit. Dec. 1, 2018Abstract: "At the conference the court may, among other things, examine its jurisdiction, simplify and define issues, consolidate cases, establish the briefing schedule, set limitations on the length of briefs, and explore the possibility of settlement." ...
U.S. Court of Appeals for the Seventh Circuit Local Rules: Appeal Conferences
U.S. Court of Appeals for the Seventh Circuit. March 1, 1987; current as of December 1, 2011Resource Type: Rules - Court
Abstract: These are the local rules for the U.S. Court of Appeals for the 7th Circuit. Rule 33 of the Federal Rules of Appellate Procedure and Circuit Rule 33 addresses appeal conferences and allows for mediations in civil appeals. Additional information about...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Number of Mediations Conducted Per Month
Kulp, Heather Scheiwe. Aug. 1, 2011Resource Type: Report
Abstract: This report provides information on the number of foreclosure mediations being conducted in court-related programs in 12 states. The report is based on publicly available statistics collected by the author. It includes information on the statewide pr...
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
Community Justice in Rural America: Four Examples and Four Futures
Dickey, Walter J.; McGarry, Peggy. Feb. 1, 2001Resource Type: Report
Abstract: This monograph describes four examples of rural community justice initiatives: Boise County, Idaho; Jefferson County, Oregon; Monroe County, Wisconsin; and Burlington, Vermont. Each is described in terms of how community justice grows in response to ...
Contacts
Wisconsin Association of Mediators
Resource Type: Organization
Abstract: WAM produces an annual publication - "Mediation Journal" - that discusses important mediation topics; conducts an annual conference on emerging issues in mediation, and provides training for its members....
State Bar of Wisconsin Section of Alternative Dispute Resolution
State Bar of Wisconsin Section of Alternative Dispute Resolution.Resource Type: Organization
Abstract: The Section of Alternative Dispute Resolution for the State Bar of Wisconsin promotes the development and use of ADR, provides mediator and arbitrator training, assists practitioners in their careers in ADR, and informs lawyers and ADR service-provid...
U.S. Court of Appeals for the 7th Circuit Settlement Conference Program
7th Circuit U.S. Court of Appeals .Resource Type: Program
Abstract: This site contains information and rules on the 7th Circuit Court of Appeals' Settlement Conference Program, as well as contact information for the program administrators and other information. This program, in accordance with Federal Rule of Appella...
Wisconsin Court System Medical Mediation Panels
Wisconsin Director of State Courts Office. Jan. 1, 1986Resource Type: Program
Abstract: The Medical Mediation Panels of the Wisconsin Director of State Courts Office was established in 1986 and is designed to "provide an objective assessment of the strengths and weaknesses of a medical malpractice claim." A lawyer, a health care provide...