Collaborative Law FAQs

Who can benefit from Collaborative Family Law?

Many lawyers with experience in the the adversarial system have found that the commitment of time, energy, and money to an adversarial case often does not achieve an outcome which provides a cost effective or even a good solution to their clients' problems. Many consumers of legal services are looking for experienced legal counsel and skilled advocacy but do not want litigation. For these clients, Collaborative Family Law is an excellent option.

Not every case will be appropriate for Collaborative Family Law, nor will every client be interested in avoiding the adversarial contest. If there are issues of significant mental illness, domestic violence, intimidation, or substance abuse, you should be sure to discuss them with your lawyer in detail. You will need to discuss how these issues may impact on the success of your case if you and your spouse choose Collaborative Family Law. In such cases, Collaborative Family Law may not be appropriate.

What if you can't reach a settlement?

In Collaborative Family Law, your lawyer's continued employment depends on the ability to design acceptable settlement options. That means if the Collaborative Law process proves unsuccessful or either party wants litigation, both lawyers must withdraw from the case. They will then help their clients find trial lawyers and will work to make a quick, efficient transition. Although your lawyer will refund any unused fees, your new lawyer may requre a separate retainer fee.

Why must one party's lawyer resign if the other side decides to go to court?

The requirement that all lawyers be disqualified in the event of a breakdown guarantees that all participating counsel will be totally and exclusively motivated to make the process succeed. Thus, all participants are equally and fully invested in finding the solutions to all problems. More subtly, it is believed that the way people participate in negotiation, and especially the way lawyers participate, is affected by the certainty that that lawyer will never litigate the case. Openness, candor, and cooperation replace guardedness, secrecy, and threats as the techniques most likely to achieve ultimate success. Walking out in anger, or provoking the other side to, ceases to be a viable tactic.

How is Collaborative Family Law different from mediation?

Mediation involves the use of a third party neutral in facilitating the negotiation and settlement of a dispute between the parties. Parties can always walk out of mediation and proceed to litigate. In Collaborative Family Law cases, lawyers and their clients will talk and negotiate without the assistance of a third party neutral, unless they find such an intervention would be useful. They are committed to continuing the dialogue until a satisfactory solution is reached since litigation is not an option.

How can I participate in Collaborative Family Law?

To find out more about Collaborative Family Law, you can contact one of the qualified lawyers, mental health professionals or financial specialists listed on the Cincinnati Academy of Collaborative Practictioners roster. You can also call (513) 956-0795 for more information.

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