USA – OHIO Law and Practice Contributed by: Andrew A Zashin, Amy M Keating, Kyleigh A Weinfurtner and Christopher R Reynolds, Zashin Law
arbitrator, an impartial third party, chosen by the parties to hear the case and issue a decision. While the arbitration process takes place out - side of court, it is similar to a court hearing in that both parties are able to present evidence, including witness testimony. Issues pertaining to child custody and parenting time cannot be arbi - trated in Ohio. While arbitration can be costly, many parties prefer arbitration due to the confi - dential nature of the proceedings and due to the fact that they can generally receive a conclusive decision much more quickly than they could in traditional litigation. Collaborative law process The collaborative law process is another ADR model that endeavours to resolve disputes in a manner that aligns with the parties’ interests and goals. Collaborative law advocates often believe that better results can be obtained by seeking mutually beneficial outcomes in a process that focuses upon the interests of the parties and their children rather than by focusing on the way a judge might rule on a case or particular issue. In the event the parties do not reach resolution through the collaborative process, the attorneys representing each spouse must withdraw and the parties must retain new attorneys to litigate the unresolved issues. The mandatory with - drawal provision endeavours to incentivise the parties and counsel to resolve all outstanding issues pertaining to their matter. Other ADR options Ohio offers a variety of other ADR options in addition to those listed above, including, but not limited to, the following. • Evaluative mediation: the parties empower their mediator to be evaluative in assessing the disputed issues.
• Facilitation/Special Master: the parties empower their mediator to have control over the process, often controlling discovery exchanges and setting deadlines. • Mediation/Arbitration Agreements, sometimes referred to as a Cooperative Divorce Process: the parties choose a multi-phase process that combines a negotiating model with a dispute resolution mechanism to use if negotiations are not successful on one or more issues. • Early Neutral Evaluation: the parties empower an evaluator(s) to make recommendations about case outcomes early in the process. • Private Judging: the parties engage a private (retired) judge to conduct a process similar to arbitration (above). Enforcement of agreements If an ADR process results in the settlement of one or more issues in a case, the terms of the agree - ment are reduced to writing in a parenting plan, separation agreement, or other relevant docu - ment. The parties can then petition the court to adopt complete agreements in connection with a petition for dissolution or partial agreements in connection with divorce proceedings. Once these agreements are adopted as orders of the court, a party can seek enforcement of the terms of the order in accordance with the procedures outlined in 2.7 Enforcement .
3. Child Law 3.1 Choice of Jurisdiction Jurisdiction in Parenting Proceedings
Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Ohio courts generally only have jurisdiction to issue orders pertaining to custody or parenting time for a child if Ohio is the child’s “home state”, meaning that the child lived in Ohio for six months imme -
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