Page 5 - MarchApril25 Report

Collaborative Law:
By Laura Thudium and Melissa Thompson Millard
An Emerging Trend for Ohio Family Law Cases
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 agree-
ments 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.
The History and Basics of Collaborative Law
Collaborative law, or collaborative practice, is a non-ad-
versarial 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 agree-
able 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” encour-
ages 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 collabo-
rative law. This strong network ensures that families have access to
skilled professionals who can facilitate the collaborative process.
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 chil-
dren. 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
THE REPORT | March/April 2025 | CincyBar.org 5