This is the process most people know about. It is most useful when:

• the parties are unable to make decisions for themselves
  
• one party believes the other is hiding assets or debts
  
• one party wants a divorce and the other party refuses to respond
• one party is concerned the other will withhold financial support as soon as they find out that the marriage is ending

Court hearings are scheduled, information may be subpoenaed, temporary orders for child or spousal support can be issued for immediate support, and the parties may utimately go to trial so that a Judge may decide issues of distribution of debts, assets, custody, and visitation with the children. Cases usually settle without going to trial, however.

Mediation uses a third-party neutral to facilitate the resolution of a dispute. Mediation can be utilized as an alternative to court, or can happen even during a traditional, litigated divorce. Mediation is most useful when people want:

• to avoid a long-drawn out court battle
• an impartial person to assist them in finding solutions
• a long-lasting resolution
• to find common ground when it comes to children or other issues
• to solve their conflict while retaining their dignity
• to save money

A trained mediator is a neutral third party who does not represent either side. The mediator helps both parties get creative to reach consensus. The mediator is not permitted to give legal advice, and the parties' attorneys usually do not participate in the mediation sessions themselves. Once an agreement is reached, the mediator drafts a Memorandum of Understanding, and the parties sign, documenting their agreement.

Attorney Fout is an experienced divorce attorney and trained mediator, who has completed the 40+ hours of training required by Rule 16 of the Rules of Superintendence for Ohio Courts. Attorney Fout is also trained to mediate other types of disputes as well (e.g., probate, inheritance issues, post-decree divorce matters such as change of custody or visitation, etc.)

More information on Mediation 

Although many have never heard of this option, it has been in use for over 20 years. It is most useful when people want to:

• minimize the impact of the divorce on their children
• protect their privacy by avoiding public disclosures of private business matters in the courtroom
• obtain a divorce (or resolution of any family law matter, such as custody) with their dignity in tact
• preserve their ability to communicate with their former spouse
• create customized solutions for their family
• set the pace and timeline for the resolution of conflict

Collaborative Law involves a settlement team that includes both parties and their collaboratively-trained attorneys. The group signs a pact not to go to court, and to resolve their differences creatively through a series of meetings with the settlement team. A Financial Neutral and/or Communication Coach may be utilized from time to time, if necessary, to facilitate settlement. If the parties fail to resolve all of their disputed issues through the Collaborative process, they may hire new attorneys and litigate those remaining issues.

Attorney Fout has attended intensive training in Collaborative Law and is the President of the Northeast Ohio Collaborative Professionals - a practice group aimed at improving their collaborative skills through monthly meetings and training.

More information on Collaborative Law

Clip from the Today Show about Collaborative Law (7 mins)

Video explaining Collaborative Process (20 minutes)

When people are able to agree, one or both parties hires an attorney to draft a Separation Agreement and/or Shared Parenting Plan. Sometimes the attorneys go back and forth until each attorney is certain the agreement accurately states the wishes and best interest of their client. Once it is complete, the parties sign. Then, the agreement is filed with the court, and approximately six weeks later both parties must be present at a final hearing. After this five-minute hearing, after a Judge approves the agreement, and after he or she signs a Final Decree, the marriage is legally ended.

Dissolution is the desired end result of Mediation and Collaborative Divorce.