814.615.Fees for mediation and studies.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 2025 · Last verified July 15, 2026
Full Text of Section 814.615
Official Notes
NOTE: Subd. 2. is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: 2. For all mediation provided after the first session mediation described under subd. 1., a single fee of $200, regardless of the number of mediation sessions held. 3. For a study under s. 767.405 (14), a fee of $460.
NOTE: Subd. 3. is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: 3. For a study under s. 767.405 (14), a fee of $300. (b) The county shall determine when and how to collect the fees under par. (a). Subject to sub. (3), the county shall reduce the fees in accordance with the parties’ ability to pay or provide the services without payment of the fees if both parties are unable to pay. (2) In lieu of the fee under sub. (1) (a) 2. or 3., a county may establish a fee schedule to recover its reasonable costs of providing family court services under s. 767.405. A fee schedule established under this subsection may apply in lieu of the fee under sub. (1) (a) 2. or 3. or both, and shall require no fee for the first mediation session conducted upon referral under s. 767.405 (5); provide for payment for any other services based on the parties’ ability to pay; and take into account the fees the county collects under s. 814.61 (1) (b) and (7) (b). Fees shall be based on services actually provided. The county may not collect a single fee applicable without regard to the number of sessions or services provided. Subject to sub. (3), the county shall provide family court services to the parties even if both parties are unable to pay. (3) The court or a circuit court commissioner shall direct either or both parties to pay any applicable fee under this section. If either or both parties are unable to pay, the court shall grant a separate judgment for the amount of the fees in favor of the county and against the party or parties responsible for the fees. (4) The county treasurer shall deposit fees collected under this section in a separate account for the exclusive purpose of providing mediation services and studies under s. 767.405.
NOTE: 1987 Wis. Act 355 contains explanatory notes.
Plain-English Summary
When a family court refers parents to mediation or orders a custody or placement study under s. 767.405, someone has to pay for it. Section 814.615 fixes that cost. The first mediation session after a referral is free. After that, the county may charge a single flat fee for all further mediation, no matter how many sessions it takes, and a separate flat fee for a study. Both figures are increasing on November 1, 2026, under 2025 Wisconsin Act 179: the mediation fee moves from $200 to $285, and the study fee moves from $300 to $460.
The county decides when and how to collect these fees, but it can’t charge the flat rate to everyone regardless of means. Subject to the court’s own directive under (3), the county must reduce the fee based on the parties’ ability to pay, and if both parties can’t pay, the county still has to provide the service without payment.
Instead of the flat fees in (1)(a), a county may adopt its own fee schedule to recover its reasonable costs of running family court services under s. 767.405. That schedule still has to waive the first mediation session, still has to base later charges on ability to pay, and still has to account for the family-action fees the county already collects under s. 814.61 (1) (b) and (7) (b) — so families aren’t charged twice for the same underlying service. A schedule can’t apply one flat number regardless of how many sessions or services a family used; it has to track what was provided.
Enforcement runs through the court. A judge or circuit court commissioner directs one or both parties to pay whatever fee applies, and if neither can pay, the court enters a separate judgment for that amount in the county’s favor against the responsible party or parties. Whatever the county collects under this section goes into a separate account earmarked only for providing mediation services and studies under s. 767.405.
Frequently Asked Questions
Is the first mediation session free in a Wisconsin family court case?
Yes. Section 814.615 requires no fee for the first mediation session conducted upon referral under s. 767.405 (5); charges only begin with later sessions.
How much does family court mediation cost after the first session in Wisconsin?
Currently a single flat fee of $200 covers all mediation after the first session, no matter how many sessions are held. That fee rises to $285 on November 1, 2026, under 2025 Wisconsin Act 179.
What does a custody or placement study cost under section 767.405?
Currently $300, rising to $460 on November 1, 2026, under 2025 Wisconsin Act 179.
Can a Wisconsin county charge based on actual mediation costs instead of a flat fee?
Yes. Under (2), a county may adopt its own fee schedule to recover its reasonable costs of providing family court services, in place of the flat fees in (1)(a), as long as the first session stays free, charges track ability to pay, and the schedule accounts for related fees already collected under s. 814.61.
What happens if neither parent can afford the mediation or study fee?
The county must still reduce the fee according to the parties’ ability to pay, or provide the services without payment if both parties are unable to pay. If a party is unable to pay a fee the court directs, the court grants a separate judgment for that amount in favor of the county.
Amendment History
History: 1987 a. 355; 1991 a. 269; 2001 a. 61; 2005 a. 443 ss. 264, 265; 2025 a. 179.