Dispute Resolution Department

Conciliation

Either party to a divorce, annulment, or legal separation may file a motion for conciliation.  If granted the parties may be referred to the Dispute Resolution Department to schedule a session to discuss the decision to divorce. A one-time session is conducted with a court Social Worker/Counselor and both parties. The parties are afforded an opportunity to address their concerns about the decision to divorce, and explore whether the divorce can be avoided. If the parties are mutually interested, a referral to community-based counseling may be made if reconciliation is an option. A report is generated summarizing the session.  The cost is $150 for this service.

The Hamilton County Court of Common Pleas, Division of Domestic Relations, is pleased to announce the beginning of the Neutral Evaluation (NE) Project. NE is a short-term, confidential process that requires both parents and their attorneys, if applicable, to attend a session at the Court led by a Magistrate and a court-employed Social Worker or Counselor.  After brief case presentations and information gathering, these experienced professionals share their evaluative impressions of the case and assist the parents in exploring possible solutions to the current dispute.  The process is not mediation, but is less formal than litigation.  Sessions generally last 2 – 3 hours, and the fee is $200.

What opportunities are presented by the use of NE?

Parents will explore prospects for settlement, and thereby potentially reduce costs and expedite disposition.  Parents and their children may also avoid the stress associated with parenting investigations and litigation, which are time-consuming and have a long-standing negative impact on families experiencing divorce.

Who are the Evaluators?

The team consists of a Magistrate and a Master’s level Social Worker or Counselor.  Both Evaluators have extensive experience managing parenting disputes and have been trained as family law mediators.  One team member will be male and one will be female.

What happens prior to the Session?

Each party or attorney will submit a copy of the Parenting Perspective Brief to the Dispute Resolution Department (Room 3-001; e-mail to: [email protected]; or fax 513-946-9077) and to the other party or attorney a minimum of seven days before the scheduled NE session.  Fines will be assessed for late submissions or failure to submit.  The Parenting Perspective Brief will not be filed with the Clerk of Court or placed in the Court’s family file.  It will be shredded upon completion of the NE process.  The Parenting Perspective Brief is designed to give the Evaluators an overview of the current situation, and therefore, requests information about living environments, parenting styles, work schedules, extracurricular activities, past decision-making, goals, etc.  The format for the Brief is available on the Court’s website.

The parties and their attorneys will report to the Dispute Resolution Center in Room 3-001 at 800 Broadway on the scheduled date and prior to the time for the NE session.  No other person should attend unless written approval is obtained in advance.  Sessions cannot be rescheduled unless a Motion is filed with the Court and good cause is shown.  

What happens during the session?

The Evaluators will oversee the discussion to allow each parent and attorney the opportunity to be heard in an atmosphere of cooperation and respect.  First, the Evaluators will fully explain the NE process and the ground rules.  Then, each parent will have an opportunity to explain what disputes are at issue and his/her perspective on the best parenting arrangements for the child(ren).  The attorneys will be available to remind their clients of important information and to help them maintain focus.  The attorneys will also be afforded a brief opportunity to supplement the presentations.  The Evaluators will ask questions of each parent in an effort to solicit sufficient relevant information, and will then meet privately to discuss the strengths and weaknesses of each parent’s position.  Subsequently, they will provide an evaluation of the probable outcome of the case if the matter was presented during trial.  Settlement possibilities will be discussed and areas needing further inquiry may be identified.  Parents may meet privately with their attorneys to discuss options.  The Evaluators may schedule another NE session if additional information or collateral data is needed, or if they decide to interview the child(ren) or other parties.

What happens after the session?

If a full or partial settlement is reached, the Evaluators will require that the agreement be reduced to written form and submitted to the assigned Judge or Magistrate on a future date.  The matter may be referred to mediation if certain details need to be resolved to reach a full settlement.

If no settlement is reached, the Evaluators will notify the assigned Judge or Magistrate and recommend the next step.  Most likely, the case will be ordered to an investigation and any additional assessments.  The Evaluators will not be permitted to participate any further in the case and they will not be available to testify during litigation.

Neutral Evaluation (NE) Forms

To download any of the forms, select from the column "Form No.".Dot" for Microsoft Template document. Windows dialogue box [ File Download ] will appear, select "Save" option and save the Document to the directory location containing court forms on your P.C. hard drive.

Dispute Resolution Department (Room 3-001; e-mail to: [email protected]   ;  phone 513-946-9079 or fax 513-946-9077)

Click here for NE Documents

Full Evaluation

When parents are unable to agree on the custody arrangement for their children, and at least one of the children is under 10 years of age, the Judge or Magistrate will most likely order a Full Evaluation. This in-depth investigation may also be ordered for other complicated cases not involving custody, particularly if challenging issues, such as mental illness, substance abuse, or child abuse exist. The family situation will be examined during the evaluation, and broadly based questions about general family functioning and parenting capacity will be asked during multiple interviews of the parents and children. In addition, other adults living within the home will be interviewed. Collateral information from schools, medical providers, and others in the community will be collected, and a home visit may be conducted. A report, which is completed in approximately four months, will be issued at the conclusion of the evaluation. The Social Worker/Counselor who conducted the evaluation may be called as a witness during trial. The cost is $800 for this service. 

Partial Evaluation

When parents are unable to agree on the custody arrangement for their children, and the children in question are over 10 years of age, the Judge or Magistrate will most likely order a Partial Evaluation. This shorter evaluation may also be ordered for other cases with narrowly defined issues that are limited in scope. This type of localized inquiry will often be used to examine potential relocations, parenting time disputes, and shared parenting plan modifications. Both parents will be interviewed, and the children may be interviewed at the discretion of the Judge, Magistrate or Social Worker/Counselor.  Essential collateral information may be gathered. A report, which is completed in approximately six weeks, will be issued at the conclusion of the evaluation. The Social Worker/Counselor who conducted the evaluation may be called as a witness during trial. The cost is $400 for this service. 

Private Custody Evaluation

Click Here for Local Rule 2.3 Evaluation PDF

Pre-Decree Mediation

A major problem for children of divorce is continued conflict between the parents over the custody and visitation of the children. The Court recognizes that if parents can mediate their conflicts and arrive at agreements about the children’s care, the damage to the children should be lessened. There is no cost to parents for pre-decree parenting mediation.

Post-Decree Mediation

The Court has expanded its mediation services to include the mediation of custody and visitation disputes generated when a parent requests the end of, or change to, a shared parenting custody arrangement. Parents may choose a court mediator, who is an employee of the court and who mediates at Domestic Relations Court, or may choose a community-based mediator from the court's list of approved mediators. The fee for post-decree mediation using a court mediator is $150, regardless of the number of sessions required. The selected community-based mediator determines the fees.

Financial Mediation

TBD Financial Mediation

Approved Community Mediators

Click Here for a List of Hamilton County Approved Mediators (PDF)

What is Parenting Coordination?

Parenting Coordination is a child-focused dispute resolution process where an impartial third person called a Parenting Coordinator (PC), whom the Court appoints, helps parties implement their parenting order using assessment, education, case management, conflict management, coaching, and decision-making. Parenting Coordination is for parents who remain in constant conflict and continue to rely on the Court to resolve their differences. The Parenting Coordinator (PC) is not an investigator, evaluator, mediator, therapist, financial advisor, attorney, or guardian ad litem. The PC is a divorce professional who works with parents to minimize conflict between the parents, coordinate parenting issues, and guide the parents in maximizing their parenting abilities. The PC may make decisions for the parents when necessary. The parenting coordination process is not confidential and the PC will submit regular reports to the Court.

How do PCs help families?

Because continued conflict jeopardizes the well-being of children, Parenting Coordinators (PCs) assist in alleviating tension between parents. The PC will use conflict resolution skills to help the parents resolve child related issues. The PC may educate and make recommendations to the parents regarding developmental needs of the children, the effects of parental separation on family members, positive parental communication, and successful co-parenting skills. The PC will monitor compliance with the established parental rights and responsibilities order and assist the parents in effectively facilitating their parenting arrangements. If the parents are unable to reach agreements regarding their dispute, the PC will make decisions within the scope of the court order of appointment. Through the parenting coordination process, many families will benefit from increased harmony and a stronger, more collaborative, family unit. 

What are the qualifications of a PC?

To be included on the Court’s Appointment List, the PC must have a master’s degree or higher, or a law degree, as well as at least two years of professional experience with situations involving children. The PC must have completed an orientation at the Court and specific training at the Supreme Court of Ohio.

How do I get a PC on my case?

The Court may order parenting coordination on its own or upon written motion from one or both parties.

Where can I get more information?

Local Rule 2.11 Parenting Coordination explains the parenting coordination process in further detail.

The parenting coordination rule and forms are available on the Court’s website. You may also contact the Dispute Resolution Department at 513-946-9079 with any questions regarding the parenting coordination process.

Please note, parenting coordination is NOT for cases in which it has been determined that the process may compromise the safety of any party, the minor child, or the PC. In addition, parenting coordination is not the appropriate process for granting or modifying protection orders, or changing the designation of the primary residential parent or the primary placement of a child. 

Click here for a list of Approved Parenting Coordinators

Click here for Parenting Coordination Forms

The court recognizes that the conflict existing in a family as a result of divorce can have a negative impact on children. In newly filed divorces, legal separations, annulments and dissolutions, per ORC 3109.053 and Local Rule 2.9, all parents are required to attend a class to educate them about the issues their children may encounter as a result of divorce. Parents are responsible for providing to the Court a copy of their certificate of completion as proof of class attendance.

Parents may complete an online classes or an in-person class.

Online Classes:

YOU MUST USE THESE SPECIFIC LINKS!

"Children in Between"  
https://online.divorce-education.com/locale/ohio/hamilton                ($42.95)
"Niños en Medio" (Español)
https://online.divorce-education.com/locale/ohio/hamilton/es          ($42.95)

    OR

"Two Families Now"
http://www.twofamiliesnow.com/?affiliate=hamilton                            ($49.00)
"Ahora Somos Dos Familias" (Español)
https://www.ahorasomosdosfamilias.com/?affiliate=hamilton           ($49.00)

Registration instructions and payment information, including how to obtain a fee waiver if you believe you are eligible, are available on each online class provider’s website.

In-Person Class: ($35.00)

The "Parenting Through Transitions" class is offered the first Wednesday of each month from 1:30 PM to 4:00 PM at 800 Broadway, 3rd floor. Click Here for dates of upcoming classes. You must pre-register and pre-pay for the class five (5) days in advance.

Registration Process:

1. Pay the fee of $35.00
- In person to the Clerk of Courts, 800 Broadway, Room 3-47,
- By phone at (513) 946-9150 (additional fee applies if using a credit card), or
- Submit a copy of your affidavit of indigency with your registration form.

2. Submit the Registration Form (DR 14.15)

Online Class for Children

"Children in Between for Kids" was created for children ages 7 to 14 to help them understand and manage the many emotions surrounding their family's breakup. Children will learn skills to help reduce stress, anxiety and worry and enhance their good feelings about hime and increase their success in school. 

"Children in Between for Kids offered by the Center for Divorce Education
childreninbetweenforkids.com    ($19.95)

Association of Family and Conciliation Courts (AFCC) 

Planning for Parenting Time: Ohio's Guide for Parents Living Apart (PDF)