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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Ray Hrdlicka – Host – Attorneys.Media Is divorce mediation only for simple matters or can it handle complicated matters also? Or complicated situations? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL My last two mediations involved older couples. One was a husband-nurse couple and a very successful doctor. They had $17 million worth of
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Ray Hrdlicka – Host – Attorneys.Media Do the spouses see each other, that was very good Bill, do the spouses see each other in divorce mediation? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL Well, the third group in that 6 or 7 percent that don’t work out is where there’s been domestic violence.
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Ray Hrdlicka – Host – Attorneys.Media They’re coming to you, obviously, because of an emotional conflict situation where they decided to part ways. Have you found out that or have you experienced this? They sit down, they start talking about it, and then all of a sudden realize we can resolve those conflicts. Bill Leininger
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Ray Hrdlicka – Host – Attorneys.Media So, in a divorce mediation, can witnesses appear if one side wants, wait a minute, I can prove, you know, I have witnesses that saw this or heard this. Bill Leininger – Divorce Mediation Attorney – Sarasota, FL Sure, great question. Only if both parties agree. Ray Hrdlicka –
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Bill Leininger – Divorce Mediation Attorney – Sarasota, FL 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, 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 – Sarasota, FL Well, I would say the
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Ray Hrdlicka – Host – Attorneys.Media You go through the process and obviously you’ve reached an agreement. Will there be any court appearances to finalize the agreement? Do they have to appear in court to finalize that agreement? Bill Leininger – Divorce Mediation Attorney – Sarasota, FL Great question. In New York, the current state
