KAINEN LAW GROUP, PLLC

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  • Home
  • About
  • Amicable Divorce
  • Mediation
  • Coaching
  • Fresh Start
  • Resources
  • HAPPIER
  • FAQ
  • Contact
  • Reviews
  • General Family Law

Learn About Holistic Divorce

PODCAST INTERVIEWS

Client-Driven Mediation

How does client-driven mediation work?

  

Divorce and custody issues raise understandable concerns about cost, finances, and—when children are involved—their well-being. Client-driven mediation is a cost-effective, respectful alternative to litigation that puts decision-making power in your hands while keeping legal fees under control.  Instead of turning decisions over to a judge, you actively shape your divorce and custody agreements with guidance from a trained mediator attorney.


Why Mediate?

  

Mediation allows you to:

  • Retain control over important decisions
  • Resolve disputes faster and at significantly lower cost
  • Make informed choices based on complete financial information
  • Communicate your needs in a structured, respectful setting


THE MEDIATION PROCESS


Part I: Information Gathering/Education


Every divorce requires a clear understanding of assets, debts, income, and expenses. Your Marital Settlement Agreement must address everything you own and everything you owe. 


We streamline the process and gather only the information that is necessary, using a secure, user-friendly online platform. You receive training from our paralegal on how to: (1) sync bank and financial accounts, (2) upload documents, and (3) enter financial data accurately to the platform.


If you have children, this is also the time that you will explore different parenting timeshare approaches, think about how your family celebrates holidays, and consider key Parenting Agreement decisions in light of your child’s developmental stage and each parent’s schedule/availability. When mediating a parenting agreement, the process begins with education. 


To make informed decisions, parents must understand not only the relevant laws, but also their child(ren)’s developmental needs. Mediation also provides an opportunity to learn co‑parenting fundamentals that support a healthy environment in which children thrive. 


Part II: Mediation


Prior to mediation, Dara will comprehensively review all uploaded information and each person's CMS, and she will prepare an agenda for mediation. Then mediation is scheduled. 


Keep in mind that Dara does not represent either party in this process. Instead, she empowers both people to decide outcomes by offering creative options against the backdrop of Nevada law. This personalized approach means  you—not the court—decide outcomes. This allows you to divide assets and debts thoughtfully to maximize value in accordance with each person’s core needs and values.  If you have children,  rather than applying a one-size-fits-all court schedule, you work collaboratively to develop parenting arrangements tailored to your child and family structure. 


At the conclusion of mediation, Dara will prepare a detailed Memorandum of Understanding that both parties sign that captures all agreed terms. 


Part III: Agreements


Dara will draft your Marital Settlement Agreement, and if you have children, your Parenting Agreement. 


Part IV: Finalizing Your Divorce


Because Dara is a neutral, she cannot prepare or file the uncontested pleadings, but she has negotiated a flat fee with another Amicable Divorce attorney who will prepare all pleadings (including those to maintain confidentiality of your Marital Settlement and/or Parenting Agreement). For those who want this option, Dara coordinates with the other attorney so client's sign the majority of paperwork at one time. Generally within 1 to 3 weeks after signing, divorce and custody orders are finalized (depending on the court's processing time.)



Is this right for us?

Resolving your divorce and/or custody issues through mediation works best when the parties...


  • trust one another to be transparent, honest, and forthcoming with financial information
  • they agree on the value of assets or agree to a mutual appraiser where needed
  • they are willing to do the legwork to gather and input financial information
  • there is no issue of domestic violence or large power imbalance
  • if children, there is no sobriety or drug abuse issues
  • if children, both are committed to the child's wellbeing above their own feelings to the other person
  • are managing well emotionally or have outside therapeutic support


Keep in mind, we are a full-service law firm, and we can absolutely take on the bulk of effort to input and organize financial information. We are also here to support clients with holistic coaching along the way. 


But the clients are in the driver's seat as to how much help they want, what issues they want to mediate, and how much additional divorce coaching they require. 


We are here to support you as much as you need!


Cost

Hybrid Fee Structure

Client-driven mediation combines flat fee pricing with flexibility to adjust to the unique needs of each divorce. We start with a base flat fee, and if necessary, we add on to that fee with hourly time. Please contact our office for information on pricing.


Consultation $600

Is client-driven mediation right for your divorce? Have you and your spouse been able to agree on some but not all decisions? Are you stuck in negotiations? A consultation is a great way to get your questions answered about Nevada laws which impact your divorce and about the holistic approach to divorce, client-driven mediation, or coaching options. Includes: one, 60-minute meeting and a copy of the Consultation Companion--a comprehensive guide to divorce, co-parenting, and well-being.


Complimentary Copy: Divorce Amicably-Your Roadmap to Resolution

Each couple who become clients receives a complimentary copy of Divorce Amicably: Your Roadmap to Resolution, which is a terrific resources on all aspects of divorce and co-parenting.

F.A.Q.s

What if I don't have time to input information?

No problem! Additional paralegal support is available to help with this and is billed on an hourly basis at the paralegal's rate. You decide how much or how little you want to do.


What if we can't agree?

Mediated agreements are voluntary. No one is ever forced to agree to anything. Sometimes what is needed is more information and support for each person to make an informed decision. Dara has access to a network of professionals that can consult with clients on financial planning, estate planning and business issues, real estate lending, sales, and valuation, business valuation, and therapists. Sometimes we take a break, to consider options, and then come back to make agreements.


What are some examples of "add-ons" to a standard Marital Settlement Agreem

Standard MSAs cover the majority of divorce issues. If your division requires coordination of a Qualified Domestic Relations Order (drafted by a separate law office) to divide a retirement asset, an allocation of stock options, complex separate property designation/handling, unique alimony provisions, a complex business buyout, military pension divisions, these will be billed hourly. Further, if you later require significant revisions to the Agreement after mediation, that will be billed hourly.


What is an "add-on" to a standard Parenting Agreement?

Standard Parenting Agreements work in 95% of cases. If you require provisions for religious holidays or you have an extremely unique timeshare provision or specialty language regarding travel or other complex or unique provisions, there may be an additional hourly charge to draft this language. Further, you later require significant revisions to the Agreement after mediation, that will be billed hourly.

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KAINEN LAW GROUP, PLLC

3303 Novat St., #200, Las Vegas, NV 89129

702.823.4900 | kainenlawgroup.com

Copyright © 2022 Dara Marias, JD, MSW- All Rights Reserved.

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