Just because you’re divorcing someone or battling over personal property doesn’t mean you have to gear up for a bitter court fight. If you’re willing to play nice — and looking to avoid a drain on your time, money and emotions — you could solve the dispute by hiring a mediator.

A mediator is a neutral facilitator trained to help two parties reach a mutual agreement that resolves their dispute. Baraboo attorney Angela Nichols Philipp of Krueger & Hernandez expanded into this area of law a year ago, and has found it’s an underutilized tool.

"What drew me to mediation was another way to resolve the conflict without all the conflict," she said. "I just think it’s a relatively new phenomenon."

Wisconsin Association of Mediators co-president Katherine Bogdanoff said her group is working statewide to promote mediation as an alternative to court. "We’re still trying to educate the public," Bogdanoff said.

Mediation isn’t for everyone, and it isn’t a substitute for independent legal counsel. But it can offer several benefits:

- money — Rather than each party hiring attorneys, they can share the cost of hiring a mediator.

- feelings — Mediation can reduce the drain on disputing parties’ time and energy. It also can be a faster way to reach a resolution, as opposed to a drawn-out court battle.

- control — The parties, rather than a judge, craft a deal. The parties are more likely to follow through on the deal — and avoid further legal wrangling — when they’ve had a hand in reaching the agreement.

Bogdanoff said mediation is empowering, because the parties work out their own agreements. "People tend to be more satisfied with the outcome," she said. "We tend to be able to keep a good portion of them out of the courtroom."

Nichols Philipp has worked eight years as an attorney, and practices primarily family law. She has found that in this sour economy, many embattled couples can’t afford to hire divorce attorneys. Instead, they represent themselves, and sometimes end up hiring attorneys to fix their mistakes later.

"Mediation is here for them," she said. "Mediation can help unclog the system."

The process often can be completed in one day. The parties set aside time to resolve their issues and draft an agreement. Once it’s done, it’s submitted to a judge for approval. The mediator’s job is to make sure the agreement follows the law.

Nichols Philipp underwent mediation training through the University of Wisconsin Extension, and continues her education through seminars presented by the Wisconsin Association of Mediators. She has special training for handling domestic violence cases.

She said mediation aligns with her family law practice, as she has grown accustomed to settling disputes. "In family law cases you are constantly mediating," she said.

Mediation can be ideal for divorces, property disputes, small claims matters and many other types of cases. It all depends on the two parties being willing to come together.

"It truly can work," Nichols Philipp said. "It can be a lot less stressful process."

She graduated from Marquette University Law School intending to become a prosecutor, but finds rewards in creating positive outcomes through her mediation and guardian ad litem work. "It’s real people with real problems," she said.

"If both parties are willing to attempt mediation, it can save them a lot of money, time and energy."