Mediation & Arbitration

Phillips & Gemignani > Mediation & Arbitration

Cheryl Gemignani was one of the founding members of the Collaborative Family Law Council of Wisconsin and firmly believes that individuals should be in charge of their own decisions, which is why she dedicates a large portion of her practice to mediation. She believes that generating flexible options for each family provides the best outcomes for success going forward. She is committed to reaching resolutions acceptable to all which preserve the family’s positive relationships. She has served as mediator and arbitrator for many years helping hundreds of parties successfully resolve their issues through mediation. She has a unique style which facilitates parties successfully reaching their own resolutions with her guidance and assistance, even in the most contentious situations.

Michelle Stoeck and Corey Montiho frequently meet with couples who are seeking to resolve their divorce without having to go through difficult and costly litigation. One party (husband or wife) calls our office to set up a consultation for one hour. Both parties may come in for the consultation, at which time the parties give the attorney background information and Corey or Michelle help identify the areas of conflict and options for resolution. One party can then retain Michelle or Corey on a limited scope basis (such as for a period of three hours), or that party may call to schedule another consultation, to have Michelle or Corey prepare agreements or help the parties reach a resolution without significant litigation costs.

What is Arbitration?

In arbitration, a neutral third party, who is agreed upon by both parties or appointed by the court, hears evidence at a hearing conducted in an office rather than a courtroom. The arbitrator then issues an award, which is final and binding on all parties. Most arbitrations are referred to us by the recommendations of other attorneys.

What is Mediation?

Mediation is a confidential, cooperative, problem-solving process, where a neutral mediator assists individuals in clearly defining the issues in a dispute and in reaching an agreement. The mediator helps participants resolve misunderstandings and communicate more clearly with one another. The parties control the outcome. The mediation process is confidential, and it is typically a less costly alternative to a court trial. Most mediations are referred to us by the recommendation of other attorneys, or by order of the court.

How Does Mediation Work?

If you and your spouse are not represented and are interested in mediating your matter with us, please contact our office. We can meet with you, and help finalize the issues related to your divorce, as well as assist you with completing the paperwork required for an uncontested divorce. If you have an attorney, and your spouse has an attorney, then the attorney’s offices will contact our office to schedule your mediation. We ask your attorneys to provide us with the pertinent information about your case in advance of the mediation. Payment is due from each side prior to mediation. Oftentimes the mediator may be able to speak with both sides and work diligently to bring the parties to a conclusion that is fair and acceptable to all parties. The mediator will draft a memorandum of understanding to memorialize the agreement, which will then be drafted as a Marital Settlement Agreement filed with the court.