Ray Hrdlicka – Host – Attorneys.Media There’s divorce lawyers or divorce mediators and so there’s competition. So what would you say to somebody who walks in your office? Why should they use you versus the guy down the street? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL Well, I don’t know if the guy […]
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Ray Hrdlicka – Host – Attorneys.Media So, who pays for the cost of a divorce mediation? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL Great question. Common sense. If we have a house husband or a housewife and they’ve been taking care of their kids, maybe the most important job either one has, and
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Ray Hrdlicka – Host – Attorneys.Media And I think what I’m getting from your description and detail of divorce mediation is the fairness. Am I correct? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL Yeah, and of course, you know, the fairness is in the eye of the beholder, but let me tell you
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The One Issue Before Divorce Mediation Starts Ray Hrdlicka – Host – Attorneys.Media Tell me about the process… what happens when somebody says, “yes let’s use a divorce mediator“. Tell me what you do. Bill Leininger – Divorce Mediation Attorney – Sarasota, FL 98% of the time that’s as a result of that free half-hour
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Bill Leininger – Divorce Mediation Attorney – Sarasota, FL The current state of the law is the judge, when they have the preliminary conference, which is the first time, the judge, the case is called in court, in other words, one party served the other one with the summons and complaint for divorce, the other
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Ray Hrdlicka – Host – Attorneys.Media If one of the parties, either spouses, says, I object to you having a lawyer there, then the other person cannot bring a lawyer, is that correct? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL Mediation, yes, mediation is all about self-empowerment of the spouses, not the judge,
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Ray Hrdlicka – Host – Attorneys.Media So, is divorce mediation, is it voluntary, as we just discussed, or is it court mandated? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL That’s changed over the years. Up until recently, New York didn’t have any mandated divorce mediation process. Florida, on the other hand, has had
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Ray Hrdlicka – Host – Attorneys.Media So, it sounds like if it’s uncontested, they hire you as a divorce mediator, they don’t have to appear in court at all. Bill Leininger – Divorce Mediation Attorney – Sarasota, FL Yes, generally that’s the case. Ray Hrdlicka – Host – Attorneys.Media Wow. So, are those, whatever that
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Ray Hrdlicka – Host – Attorneys.Media Is a divorce mediation agreement a binding agreement? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL Yes, a divorce mediation agreement is essentially the exact same document that in a non-mediation case the lawyers would be preparing. In some states we call it a marital settlement agreement, in
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Ray Hrdlicka – Host – Attorneys.Media You’ve mentioned a couple of costs of that. Is it just based upon hours and that’s how it, it’s not based upon any sliding scale with the assets, it’s just based upon your hourly rate, is that correct? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL It’s unethical
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