Ending a marriage is rarely an easy decision, even when it is the healthiest or most practical path forward. For many individuals, concerns about the financial cost, emotional toll, and uncertainty of the divorce process can make taking the next step feel overwhelming. Fortunately, traditional litigation is not the only option. Alternative dispute resolution methods such as dissolution, collaborative family law, and mediation can offer a more efficient, private, and respectful way to resolve family law matters while often reducing both conflict and overall expense.
Understanding the differences between these alternative dispute resolution methods can help spouses make informed decisions about which process best aligns with their unique circumstances, priorities, and family needs.
Below is an overview of how each option works and the types of cases for which each may be best suited.
DISSOLUTION
A dissolution of marriage is often considered the most cooperative form of divorce. In a dissolution, both spouses must agree on all issues before filing the case with the court. This includes:
- Division of assets and debts
- Child custody and parenting time
- Child support
- Spousal support
No pleadings are filed with the court until a full agreement is signed. Once filed, parties need only wait 30 to 90 days to finalize the dissolution process via brief final hearing. In some instances, the hearing may even occur over Zoom.
COLLABORATIVE FAMILY LAW
Collaborative family law is a collective or “team” approach by which parties work together with their attorneys and other relevant professionals to reach a mutually satisfactory agreement to terminate their marriage. The parameters of the collaborative law process are enumerated in Section 3105.44 of the Ohio Revised Code.
In the collaborative law process, each spouse hires their own attorney. The parties and attorneys then work together in a series of meetings with their legal counsel and hired professionals (e.g., financial experts, therapists, etc.) to negotiate a settlement.
Some benefits to this option would be:
- Privacy
Collaborative matters are handled privately outside of court, helping parties avoid the public nature of litigation and court filings.
- Reduced Conflict
The process is designed to promote respectful communication and problem-solving, rather than adversarial “win-or-lose” litigation.
- Child-Focused Approach
Collaborative law emphasizes minimizing the emotional impact of divorce on children and preserving healthy co-parenting relationships.
- More Control Over Timing
Because the parties are not dependent on court schedules, they generally have greater flexibility and control over the pace of the process.
- Potential Cost Savings
Although parties may retain attorneys and neutral professionals, collaborative divorce can often be more cost-effective than prolonged litigation.
MEDIATION
Mediation is a voluntary process by which parties use a neutral third party to facilitate negotiations. Unlike collaborative law, the mediation process often only involves the mediator and parties, and sometimes legal counsel.
A mediator does not make decisions nor can they provide legal advice; however, a mediator can explain the process and ensure that the parties address all relevant issues. As such, it is especially helpful to enlist a mediator who has experience in the realm of family law.
Mediation may occur either before litigation is filed or while a case is already pending, and it can result in either a full resolution or agreement on select issues only. If the parties reach an agreement, the terms are typically reduced to writing by the mediator, after which the parties and/or their legal counsel prepare the necessary legal documents to formalize and implement the agreement.
| Dissolution | Collaborative Law | Mediation | |
| Level of court involvement | Minimal | Minimal | None |
| Legal Counsel | Not Required | Required | Not Required |
| Neutral Third Party | No | Parties can jointly hire neutral professionals (other than legal counsel) | Yes |
| Level of Cooperation Required | Moderate | Moderate to High | Moderate to High |
| Cost | Low to Moderate | Moderate to High | Low to Moderate |
| Best For | Couples in substantial agreement on all major terms and want a streamlined, cost-effective resolution | Solution-oriented couples who wish to be transparent with one another and minimize conflict while maintaining control over the outcome | Couples needing assistance to resolve issues but willing to negotiate in good faith and are open to compromise |
Trolinger Law Offices can help you determine which alternative dispute resolution method is best suited to your unique circumstances; use the link below to schedule an intake call and consultation to discuss your goals and explore your available options.
It is important to mention that due to the nature of the neutral third-party status of a mediator, consulting with an attorney for collaborative divorce or dissolution excludes them from being permitted to act as a mediator in the same case. Alternatively, if a married couple consults with a mediator, the mediator is conflicted out of representing either party in a divorce or dissolution.