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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Ray Hrdlicka – Host – Attorneys.Media How many different meetings usually occur in a divorce mediation? Does it get resolved in the second time, third time, first time, what? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL Well, there’s several different modalities. Some divorce mediators believe in three-to-four-hour sessions. That developed because you have
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Ray Hrdlicka – Host – Attorneys.Media I’ve been involved in a number of settlement conferences, mediations, in a number of civil cases over decades, and they’re scheduled for all day. I really appreciate you setting up a schedule of an hour and a half. What I have found was that it’s a complete waste of
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Bill Leininger – Divorce Mediation Attorney – Sarasota, FL But at that point, if the judge feels, after talking to the lawyers, that the case is ripe for divorce mediation, he or she may order the parties to meet with a mediator. And then the only thing that the judge is told at the end
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Ray Hrdlicka – Host – Attorneys.Media How do you resolve conflicts that arise during that, you know, two people butting heads? How do you resolve the conflict that is invariably going to happen or else they wouldn’t be there in the first place? Bill Leininger – Divorce Mediation Attorney – SSarasota, FL The training that
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Ray Hrdlicka – Host – Attorneys.Media So, it sounds like the traditional attorney-client privilege, which is kind of interesting here, extends to both parties with you. Bill Leininger – Divorce Mediation Attorney – Sarasota, FL Yes, because there’s going to be, in the mediation agreement, it will say specifically, you know, will deal with confidentiality.
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Ray Hrdlicka – Host – Attorneys.Media Because we’re human, everybody has a different type of style, and that’s one of the interesting things I read about when I was preparing for this interview, that they talked about the style of mediation. And you know, so I ask you, what is, as a divorce mediator, what
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Ray Hrdlicka – Host – Attorneys.Media What’s the difference between mediation and arbitration? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL I am a trained arbitrator and will sometimes be asked to arbitrate even marital related cases. The reason why arbitration in the domestic relations field hasn’t really taken off like it has in
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Ray Hrdlicka – Host – Attorneys.Media You’ve mentioned uncontested. Does that mean they didn’t file? They went to you before, so there’s no court filings? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL Yes. And now, that’s interesting because for the first 28 years of my practice in New York, it was unethical for
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Ray Hrdlicka – Host – Attorneys.Media Well, it sounds like those, the couple, each party has to have some level of trust in the mediator before things may or may not work out in the end. But I think that’s part of the beginning process, wouldn’t it be? Bill Leininger – Divorce Mediation Attorney –
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