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 – Richmond County, NY Yes, generally that’s the case. Ray Hrdlicka – Host – Attorneys.Media Wow. So, are those, whatever […]
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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 – Richmond County, NY 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
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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 – Richmond County, NY Mediation, yes, mediation is all about self-empowerment of the spouses, not the
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Bill Leininger – Divorce Mediation Attorney – Richmond County, NY That’s because mediation has to be confidential, you know, if the couple’s going to think, well, if I say something here it’s going to be thrown up to me in court six months from now at the mediation. Ray Hrdlicka – Host – Attorneys.Media So,
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Ray Hrdlicka – Host – Attorneys.Media The invasiveness of a regular divorce kind of explains why divorce mediation might be an option. You know, obviously, does it stay away from all those invasive issues regarding regular divorce? Are those the differences? Bill Leininger – Divorce Mediation Attorney – Richmond County, NY Well, I would say
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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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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 – Richmond County, NY Yes. And now, that’s interesting because for the first 28 years of my practice in New York, it was unethical
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Ray Hrdlicka – Host – Attorneys.Media What’s the difference between mediation and arbitration? Bill Leininger – Divorce Mediation Attorney – Richmond County, NY 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
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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 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 – Richmond County, NY Yes, because there’s going to be, in the mediation agreement, it will say specifically, you know, will deal with
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