Cincinnati Divorce Attorney Zachary Smith


Collaborative Family Law Cincinnati

Collaborative Family Law is a mechanism of dispute resolution based on the belief that lawyers who could not go to court would be challenged to problem solve in manner that would ultimately benefit all parties involved.  The Collaborative Process is defined by the client centered outcomes that result from a creative client-centered approach.

A Collaborative case commences when all parties involved execute a Collaborative Participation Agreement.  The Participation Agreement sets forth the expectations and obligations of the Collaborative process.  The Participation Agreement requires those bound to adhere to the tenants of Collaborative Practice:  cooperation, honesty, integrity, and professionalism while agreeing they will not seek Court intervention.  If the parties cannot resolve their disputes in the Collaborative Process, or if one of the parties determines court intervention is necessary, both parties must retain new counsel.  With limited exception such as an emergency, there is a 30-day waiting period before a client can go to court.

Cincinnati Academy of Collaborative Professionals Participation Agreement:

A Collaborative case requires disclosure of all material information.  There must be full disclosure without regard to whether the information has been requested.  The Participation Agreement places an affirmative duty on all parties involved to disclose all material information.  Should a party fail to disclose material information, the Collaborative process will be terminated.

The Participation Agreement also includes a provision that the parties may involve other parties with specialized knowledge in the Collaborative Process.  These parties can be experts (appraisers, certified business valuators, etc.) or other professionals such as child specialists, family relations specialists, or financial specialists.  Each of these parties can add to the information available to the parties to help them reach a creative client-centered outcome.

Zachary D. Smith is a member of the International Association of Collaborative Professionals and Cincinnati Academy of Collaborative Professionals. To find out more about the Collaborative Divorce process in Ohio/NKY and your rights and obligations, contact Zachary D. Smith, LLC today.  We can guide you through this complicated and challenging time.

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