Page 6 - MarchApril25 Report

family law cases involving children, as
reducing animosity between parents can
result in a healthier co-parenting relation-
ship 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 inter-
viewed 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
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 resolu-
tion 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 inter-
ests. Identifying goals and interests is an
essential part of the collaborative process
because it allows the professionals to
understand the underlying needs or moti-
vations 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 posi-
tions is critical to developing solutions for
settlement later in the process.
The next step of the collab-
orative process is gathering
information. This may be rele-
vant 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 informa-
tion. After all of the appropriate
information has been gathered,
then the collaborative team helps brain-
storm potential options for settlement.
Another essential aspect of the collabora-
tive process is that the parties are actively
involved in choosing their own resolu-
tion. 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.
Benefits of Collaborative Law
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 coop-
eration. This is particularly important in
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-ef-
fective 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 signifi-
cantly 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
6 THE REPORT | March/April 2025 | CincyBar.org
Unlike litigation, which pits parties
against each other, collaborative law
allows families to resolve sensitive
disputes on their own terms in a
structured, non-adversarial process.
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 attrac-
tive to clients seeking to protect their
family’s privacy.
Challenges and Limitations of
Collaborative Law.
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 collabora-
tive process, as the collaborative process
relies on a high level of trust and coop-
eration. However, such cases are not
automatically excluded. If the parties
choose to pursue collaboration, all profes-
sionals involved must be fully aware of
these dynamics and take proac-
tive measures to ensure a safe,
fair, and structured process.
Some clients may be hesitant
to use collaborative law, espe-
cially if they are unsure of their
spouse’s willingness to partic-
ipate or if they are unfamiliar
with the process. Addition-
ally, attorneys who are more
accustomed to traditional litiga-
tion may be reluctant to adopt
collaborative law practices due to unfamil-
iarity or perceived risks.
If the collaborative process breaks
down, both parties must hire new attor-
neys for litigation. While this risk is
inherent in any alternative dispute reso-
lution 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.
The Future of Collaborative
Law in Ohio
Collaborative law is gaining
momentum across Ohio, particularly
in urban centers like Cincinnati. With a
strong support network of trained profes-
sionals and growing public awareness,