Family law disputes, particularly divorce and custody, can be fraught with conflict, high costs, and emotional distress. In Ohio and many other states, traditional litigation has long been the go-to method for resolving such disputes. However, there is a growing trend toward alternative dispute resolution methods and collaborative law has emerged as one of the most effective alternatives. Collaborative law allows families to reach agreements in a way that minimizes hostility, promotes cooperative problem-solving, and allows families to resolve sensitive disputes on their own terms. This article explores the collaborative law process in the Cincinnati area, examining its benefits, limitations, and how it is reshaping family law practices.
Collaborative law, or collaborative practice, is a non-adversarial process in which both parties agree to work together with their respective collaborative attorneys and other neutral professionals to resolve disputes outside of court. The process is structured to prioritize cooperation and find mutually agreeable solutions rather than pitting parties against one another in a courtroom setting.
The Cincinnati Academy of Collaborative Professionals (CACP) was founded in 1997 and is one of the oldest and most successful collaborative groups both in the United States and internationally. CACP members receive ongoing professional training, networking, and discuss current collaborative cases during monthly meetings and events. In 2012, the “Collaborative Family Law Process” was formally codified under Ohio Revised Code Section 3105.44.
A core principle of collaborative law is a commitment to avoid litigation. Both parties and their attorneys sign a participation agreement, pledging to resolve the dispute without resorting to court. If the collaborative process breaks down and the case ends up in court, both attorneys must withdraw, requiring the parties to seek new representation. This “disqualification clause” encourages everyone to work diligently toward a mutually acceptable resolution.
Cincinnati’s collaborative law community is supported by organizations such as the CACP and the International Academy of Collaborative Professionals (IACP). These organizations provide training, certification, and resources for attorneys, mental health professionals, and financial experts who wish to practice collaborative law. This strong network ensures that families have access to skilled professionals who can facilitate the collaborative process.
Unlike traditional litigation, the collaborative process involves “settlement only” attorneys. In addition, the process may (but is not required to) involve other trained neutral professionals. These may include Financial Specialists who assist the parties in dividing assets and liabilities or Family Relations Specialists (trained mental health professionals) who assist in addressing emotional issues and assist parents in formulating agreements for their children. Families using the collaborative process can also agree to utilize a Collaborative Guardian Ad Litem (also referredo to as a GAL or Parenting Consultant/Specialist) in matters involving more significant child custody issues. They work directly with the family and make recommendations with the goal of achieving a resolution that promotes the best interests of the children. These interdisciplinary teams work together to ensure all aspects of the case are considered in the resolution process.
The collaborative process begins when the collaborative contract is signed by the parties and professionals. Next, the parties are asked to share their goals and interests. Identifying goals and interests is an essential part of the collaborative process because it allows the professionals to understand the underlying needs or motivations of the parties as opposed to only understanding the position of each side. An example of a “position” might be one party saying “I want to keep the marital home.” However, the underlying interest may be “I want consistency for my children and financial stability.” Understanding the deeper interests as opposed to rigid positions is critical to developing solutions for settlement later in the process.
The next step of the collaborative process is gathering information. This may be relevant financial information, account statements, children’s school and activity schedules, etc. The parties are typically given “homework” at the end of each collaborative session to gather requested information. After all of the appropriate information has been gathered, then the collaborative team helps brainstorm potential options for settlement. Another essential aspect of the collaborative process is that the parties are actively involved in choosing their own resolution. After agreements are reached, the collaborative lawyers typically divide the document drafting tasks and then there is a final meeting to finalize the documents together and sign. Lastly, the documents are filed with the court and become enforceable court orders.
One of the primary advantages of collaborative law is its ability to reduce conflict between the parties and reduce negative impacts on the children. Unlike litigation, which inherently pits parties against each other, collaborative law fosters open communication and cooperation. This is particularly important in family law cases involving children, as reducing animosity between parents can result in a healthier co-parenting relationship post-divorce. This is not to suggest that there aren’t difficult conversations and decisions in collaborative law cases. However, the process provides a safe and respectful environment to have those conversations. Additionally, when parties use the collaborative process, children do not need to testify in court or be interviewed by a judge.
In a traditional litigation case, the judge, who typically doesn’t know the parties or their children, makes all final decisions, which may not always lead to the most satisfactory outcome for both parties. Collaborative law allows the parties to retain control over the final resolution, ensuring that agreements are customized to their unique needs. Whether it’s creating a tailored parenting plan or devising a financial settlement that works for both parties, the flexibility of collaborative law is one of its greatest strengths. The parties are permitted to be as creative as they want to be and are assisted by their collaborative attorneys in making decisions that are best for their family. As many family law practitioners would likely agree — parties tend to follow and abide by their own agreements better than a court order that was thrust upon them.
Though it may seem counterintuitive, collaborative law is often more cost-effective than traditional litigation. While it can involve multiple professionals, the process is designed to avoid lengthy court battles, discovery disputes, depositions, and motions, all of which can significantly increase legal fees. In many cases, the faster resolution of the dispute leads to overall cost savings.
Privacy is a significant concern for many families, especially when dealing with personal matters such as finances and child custody. Collaborative law ensures confidentiality, as all discussions remain private and are not subject to public record as they would be in a court proceeding. This confidential process is highly attractive to clients seeking to protect their family’s privacy.
While collaborative law offers many advantages, it is not the right fit for every case. Situations involving domestic violence or significant power imbalances may present challenges to the collaborative process, as the collaborative process relies on a high level of trust and cooperation. However, such cases are not automatically excluded. If the parties choose to pursue collaboration, all professionals involved must be fully aware of these dynamics and take proactive measures to ensure a safe, fair, and structured process.
Some clients may be hesitant to use collaborative law, especially if they are unsure of their spouse’s willingness to participate or if they are unfamiliar with the process. Additionally, attorneys who are more accustomed to traditional litigation may be reluctant to adopt collaborative law practices due to unfamiliarity or perceived risks.
If the collaborative process breaks down, both parties must hire new attorneys for litigation. While this risk is inherent in any alternative dispute resolution method, it can be discouraging for some clients who are concerned about investing time and money into a process that may ultimately fail. However, many collaborative professionals in Cincinnati share that these cases have a high success rate.
Collaborative law is gaining momentum across Ohio, particularly in urban centers like Cincinnati. With a strong support network of trained professionals and growing public awareness, collaborative law is becoming a more accessible option for families seeking to resolve disputes in a constructive and cost-effective manner.
Family law attorneys can play a crucial role in promoting collaborative law by educating clients about its benefits and helping them understand the process. By offering it as a viable alternative to traditional litigation, attorneys can help families find lasting solutions to their disputes. For attorneys looking to incorporate collaborative law into their practices, introductory trainings are held several times a year. Collaborative lawyers must be equipped to handle the unique aspects of these cases, such as managing multi-disciplinary teams and facilitating constructive negotiations. In addition, attorneys should be prepared to educate their clients about the collaborative process, ensuring that clients understand its benefits, the commitment required, and the potential limitations.
Collaborative law is an effective and compassionate alternative to traditional litigation in Ohio family law cases. By focusing on cooperation, confidentiality, and respect, collaborative law offers families a way to resolve disputes while lessening the emotional and financial costs associated with court battles. While not suitable for every case, collaborative law provides a valuable option for many Ohio families, offering a better way to navigate the difficult process of ending a marriage. Attorneys who embrace collaborative law can offer their clients a path to resolution that preserves relationships, minimizes conflict, and ensures more favorable outcomes for everyone involved.
Laura Thudium is a dedicated family law attorney in Cincinnati, Ohio, practicing since 2016. She founded Thudium Law, LLC in 2022. Laura is committed to guiding clients through complex and sensitive legal matters with compassion and expertise. Melissa Thompson Millard is an associate attorney with Barbara J. Howard Co., L.P.A. She focuses her practice primarily on family and matrimonial law. Licensed to practice in Ohio and Kentucky, Melissa represents clients throughout both states who are dealing with legal matters related to divorce, child custody and support, property division, alimony and other related issues. Melissa attended the University of Cincinnati College of Law, obtaining her Juris Doctor, magna cum laude. In 2014, she was admitted to the practice of law in Ohio, and in 2015, she was admitted to the practice of law in Kentucky.