House Bill 461 would establish alternative divorce procedure in Ohio

What is collaborative law?

Collaborative law is a contractually-based dispute resolution option in which parties negotiate with the assistance of

their counsel, rather than having a ruling imposed upon them by a court or arbitrator. Joint neutrals, such as

professional counselors or nancial planners, participate in the process and educate the parties on an “as needed” basis

to assist the parties in gaining information and assessing options.

Goals:

• Maintain civility through the termination of marriage;

• Preserve positive, respectful interpersonal relationships; and

• Jointly minimize collateral damage to children.

How does the process work?

H.B. 461 provides uniform standards for the commencement of a collaborative family law process by the signing of a

collaborative family law participation agreement, and sets forth the formal requirements of a participation agreement.

Collaborative law is similar to mediation. However, both parties are represented by lawyers during negotiations. In

addition, the parties agree in advance that their collaborative lawyers will never represent either client in court;

representation is limited to negotiating agreement. -e process is intended to promote equitable resolution, full and

open disclosure, and, as is the case in mediation, information disclosed in a collaborative process is privileged against

use in subsequent litigation (except criminal cases).

Once parties reach an agreement, they le for dissolution in court. Courts have up to ninety days to meet notice and

appearance requirements. H.B. 461 will result in greater e　ciencies for the courts because these cases will be o the

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normal court litigation docket, allowing domestic courts to attend to other disputes for parties who do not wish to

settle their cases voluntarily.

Support H.B. 461-Ohio Collaborative Family Law Act

Benets of Collaborative Family Law



Voluntary, client-driven process



Cost-eective



Ethical safeguards



Reduces judicial caseloads

H.B. 461 provides statutory authority and uniform

standards for collaborative family law – an alternative

dispute resolution process for dissolutions of marriage.

Used in all 50 states, the process is highly eective.

National statistics indicate a success rate in the range

of 95%.

For additional information, contact Mary Amos Augsburger at (614) 487-4464 or (614) 783-4852.