Alternative Dispute Resolution

With the cost of litigation constantly increasing and the extensive amount of time sometimes required to resolve family law matters, alternatives to the usual divorce and dissolution procedures are becoming more and more important.

Ohio has now enacted specific statutory provisions related to Collaborative Law.  In short, this is an alternative way for parties to try to resolve their family law issues utilizing attorneys who agree at the outset that they will not represent their clients in litigation if the issues are not resolved by agreement through the collaborative process. Theoretically, this gives both parties great incentives to work toward an agreement.

Mediation continues to be a process through which parties can meet informally with a trained mediator who works hard to understand each party’s positions and to help them find mutual ground that represents a better alternative that to incur the expense and time of litigating the matters.  If the process is not successful, the mediator is not permitted to provide testimony to the court as to why the process failed – thus both parties can feel free to openly present their views to the mediator and seek the solution that they desire without fear that their statements can later be used against them.

Binding arbitration is available as an alternative dispute resolution approach so long as there are no remaining child custody related issues to be decided.  Unlike mediation, binding arbitration always results in a final conclusion being reached and that conclusion is not subject to appeal by either party.

Our attorneys firmly believe that one of the most efficient ways that family law disputes can be resolved is through the process of effective negotiations.  They are fully aware of the potential benefits of collaborative law, of mediation and of binding arbitration as well of the potential disadvantages of each.  With over 30 years of experience in the field of family law and with an extensive background in psychology, you can count on us to lead you in consideration of all issues including the various alternatives available to resolve your family law disputes.