•Dispute Resolution through Mediation
As an experienced negotiator in a wide range of corporate and employment law matters, including intellectual property issues, Sheila Luck is available to serve as a mediator for the following types of matters:
•intellectual property claims
•NEW: Elder mediation
•NEW: Strife within the Church
Meet the Mediator: Applicable Employment Experience and Licenses:
Sheila Luck began working as in-house counsel in 1985 for Exxon Production Research Company as an intellectual property attorney. Thereafter, her breadth of experience continued to grow, handling a wide variety of legal matters for Exxon and her subsequent employers, including, copyrights licenses, software licenses, patent applications and prosecutions, patent licenses, real estate leases, blue sky laws, environmental issues, oil and gas contracts, royalty matters, property sales and easements, antitrust issues, international joint ventures, employment matters, discrimination claims, labor negotiations and arbitrations, and human resources management.
Specific industries in which Sheila has worked include the oil and gas industry, gas and electric utilities, and the paper industry. She also has provided legal advice in the non-profit sector.
Sheila has worked as an adjunct professor teaching negotiations and business law at the Masters Degree level for Lakeland College. She also meets all educational requirements set forth by Wisconsin statute for divorce mediation.
Sheila Luck is licensed to practice law in Wisconsin and Texas. She is also licensed to practice before the U.S. Patent and Trademark Office.
Competitive rates based on experience, either by the hour or by the day, plus reasonable expenses.
Mediation conference rooms may be provided by the mediating parties, or will be arranged by the mediator for an extra fee.
Please call for more information.
Mediation is a means to achieve peace, harmony and conflict resolution through facilitated discussions. Sheila’s mediation goal is to help the parties voluntarily reach a solution while identifying ways to respectfully move forward
Her mediation style is a combination of facilitative and evaluative.
Frequently Asked Questions about Mediation
What is mediation?
Mediation is one of many ways to resolve a dispute between two or more parties in which a neutral third party (the mediator) is hired to facilitate the communication and settlement process. Unless it has been ordered by the court, mediation is a voluntary process. The mediator does not impose a decision on either party. The mediator simply helps the parties reach an agreement by focusing on the key issues in the case, encouraging good communication and exchange of information, and helping each party to explore a variety of options that may reach to the heart of the matter.
Why use a Mediator?
It’s an expedient and affordable way to reach a solution to your legal, family or church related conflict.
•Avoids the court system and reduces or eliminates legal fees.
•Promotes a respectful, continuing relationship, if desired.
•The parties in the dispute control the final outcome.
•It’s confidential. There’s no public record.
•What types of issues can be mediated?
Mediation is often a good option under the following circumstances:
•When there is a need to resolve the issue quickly.
•When there is a need for a respectful, continuing relationship.
•When it is necessary to keep costs to a minimum.
•When the parties want control over the outcome or final resolution.
•When it is important to keep certain information confidential or out of the public records.
•When the best result cannot be defined in terms of money.
•When “winning in court” is not worth the stress or effort or expense required to “win.”
However, mediation may not be the best choice in the following circumstances:
•If it is important that a court defines a rule or creates a precedent to be applied in future dealings.
•If it is important to make a public example out of the case, or if a party needs public vindication to “set the record straight.”
How can mediation be used in divorce?
Mediation can help divorcing couples resolve many issues related to dividing their assets, but in particular, mediation can be most helpful for defining the visitation schedule and other responsibilities involving children. When mediating these issues, the parties are given the opportunity to discuss in detail the children’s schedules, care-giving logistics, transportation requirements, the parents’ work schedules, and all other issues that impact the ability for each parent to spend time with the children.
Mediation in a divorce case does not involve efforts or attempts to bring reconciliation or force the other partner to stop dating or seeing other people. It is simply a forum in which to discuss the division of the marital property and the visitation and care of the children.
How can Mediation be used in Church Settings?
Often church members or attendees do not agree with directional decisions made by church leadership or the pastor/priest. The members/attendees might complain to many others within the church often because they believe that they are not being heard by the leadership or the pastor/priest. This creates hard feelings, anger and strife throughout the entire church body. A mediator can help all sides to be respectfully heard, reduce tensions, and often resolve the conflict while retaining the relationships.
How can Mediation be used for Elder Care matters?
Families frequently struggle once Mom or Dad begin to reach the point of being unable to fully care for themselves. Siblings differ in their opinions of what is best. Mom or Dad disagree with the adult children’s suggestions or recommendations. Mom or Dad continues to take advice from a neighbor or friend that the adult children distrust or dislike. The siblings disagree on the best person to handle Mom or Dad’s financial affairs or care. There is distrust between the aging parent and the adult children. A mediator can help the individuals discuss the issues, identify all options, implement safeguards and procedures to resolve trust issues, and enable the aging parent to maintain a sense of dignity as they begin to lose their independence.
What can I expect from my mediator?
The mediator must at all times remain impartial regarding the final outcome. She will promptly advise each party of any actual or possible conflicts which may impact her ability to be impartial or create the appearance of such an impact. If her ability to remain impartial is in serious question, she will decline to participate in the case or she will promptly withdraw from the case upon learning of the conflict.
Through a combination of joint meetings (including all parties) and private meetings (one party with the mediator), the mediator will facilitate a process intended to reach a settlement agreement. The process typically includes an opportunity for each party to describe their case, explain their desired outcomes, and explain why they seek the desired outcomes. The mediator will also help each party explore alternative options for resolving the case, options that may accommodate all needs once the reasons behind the desired outcomes are more fully understood.
When appropriate, the mediator may point out strengths or weaknesses in each party’s claim, as well as help each party see their claims apart from emotionally charged expectations, if any. Providing an opinion as to the strengths and weaknesses of the issues in a case, or suggesting settlement options, does not mean that the mediator is impartial.
The mediator has no authority or power to impose a decision upon the parties. Her power or authority is limited by agreement with the mediating parties.
Information shared with the mediator will not be shared with the opposing side without permission. However, the parties should also remember to specifically identify information that they do not want shared with the other party. If the mediation is court-ordered, the mediator will provide such information back to the court as may be required by the court. This typically is limited to whether the mediation took place and whether a settlement was reached for one or more of the issues in the case.
What if I don’t like the direction that mediation is taking?
Because mediation is a voluntary process, either party can end the mediation session at any time, with or without a settlement agreement. Before this occurs, however, the mediator will use reasonable efforts to encourage the parties to continue to resolve their differences through the mediation process.
The mediation process is non-binding, unless a settlement is mutually agreed. If no settlement is reached, the parties are free to leave and pursue their claim in any other lawful manner.
Can the mediation discussions be used against me in court?
Information shared during mediation is generally confidential. Wisconsin law does not allow the information exchanged to be used as evidence in court, unless the information was discovered by another means. Federal rules of evidence offer similar protections. However, settlement agreements reached as a result of mediation are admissible as evidence. and mediators do not violate confidentiality requirements by reporting child abuse or otherwise taking steps to protect someone from eminent danger.