Cincinnati.Com
NKY.COM  |  ENQUIRER  |  CIN WEEKLY  |  Classifieds  |  Cars  |  Homes  |  Jobs  |  Help
Currently:
67°F
Partly Sunny
Weather | Traffic
The Enquirer
HOME
NEWS
ENTERTAINMENT
SPORTS
REDS
BENGALS
LOCAL GUIDE
MULTIMEDIA
ARCHIVES
SEARCH
 
 TODAY'S ENQUIRER 
 Front Page 
-- Local News 
 Sports 
 Business 
 Editorials 
 Tempo 
 Home Style 
 Travel 
 Health 
 Technology 
 Weather 
 Back Issues 
 Search 
 Subscribe 

 SPORTS 
 Bearcats 
 Bengals 
 High School 
 Reds 
 Xavier 

 VIEWPOINTS 
 Jim Borgman 
 Columnists 
 Readers' views 

 ENTERTAINMENT 
 Movies 
 Dining 
 Horoscopes 
 Lottery Results 
 Local Events 
 Video Games 

 CINCINNATI.COM 
 Giveaways 
 Maps/Directions 
 Send an E-Postcard 
 Coupons 
 Visitor's Guide 

 CLASSIFIEDS 
 Jobs 
 Cars 
 Homes 
 Obituaries 
 General 
 Place an ad 

 HELP 
 Feedback 
 Subscribe 
 Search 
 Newsroom Directory 




 
Sunday, August 24, 2003

Can lawyers work out a kinder, gentler divorce?



map
A lawyer friend once told me criminal court is mostly bad people on their best behavior. And domestic relations court is mostly good people on their worst behavior.

Attorney Mary Ellen Malas had seen plenty of the latter. Soon-to-be-divorced couples splitting up property was a terrible thing to watch. Let's say a $15,000 dining room set and a $5,000 couch were at stake. "I've seen a woman choose her husband's golf clubs instead."

Bitter. Punitive.

And lawyers on both sides were right there screaming along with their clients. Just the way they learned to do in law school. "It was traditional beat-the-hell-out-of-each-other tactics. We're trained to go for the jugular," she says. "Fighting" for the person who'd hired them. Jousting with the "adversaries," another lawyer and another client.

Worse, most of the time, material goods are the least of it.

In 85 percent of divorce cases Mary Ellen handles, children are involved. Even those of us who cherish our golf clubs would concede that our kids deserve something better than to be bargaining chips or cannon fodder in divorce wars.

"There has to be a better way," Mary Ellen was thinking. Then she got a call from fellow attorney Bea Larson and "a light bulb came on." There was a better way.

Some local attorneys were forming something called Collaborative Family Law. A collaborative of lawyers? Isn't that something like a poverty of bankers? Or a modesty of movie stars? Just doesn't seem to fit.

But she shows me the list of those who signed up. Heavy hitters. Randal Bloch, Gloria Haffer, David Peck, Timothy Hickey, Michael Barrett. Big law firms. Strauss & Troy. Keating, Muething & Klekamp. Taft, Stettinius & Hollister. Thompson Hine & Flory. Frost Brown Todd.

Since 1997, these attorneys - now about 60 or them - agree to work for a "principled, negotiated settlement without the threat or use of court action," according to the Web site (www.collablaw.com/cincinnati). Two lawyers, two clients. One team. Everybody working together.

Lawyers take special training in mediation, "education that encourages co-operative and noncombative behavior." The "team" gets together to hash out details of the split without the complication of getting on a busy court docket. Uh-oh. What about billable hours?

Hourly rates are the same, but they can do more cases, she responds. And, there are plenty of divorces to go around. The National Center for Health Statistics reports one in three marriages will end in divorce during the first 10 years.

"I hate divorce," says Mary Ellen, who describes herself as "freakishly, happily married." Occasionally, she has referred clients to marriage counselors. "But some people really need to get out. We want to help them untie the knot without ugliness and walk out of it as good co-parents." She calls it "helping people at the worst time of their life."

Boy, she is really going to take a lot of fun out of lawyer jokes. I may even have to start thinking of divorce attorneys in a new way.

Good people. On their best behavior.

---

E-mail lpulfer@enquirer.com or phone 768-8393.




ENQUIRER COLUMNISTS
Pulfer: Can lawyers work out a kinder, gentler divorce?
Bronson: Lynch acts within theater of politics
Howard: Some good news
Hey, kid! What're you doing?

LOCAL HEADLINES
Sip or slurp, polka or rock, just get down
It's a lovely summer - if you're a mold
Green thumb wins lots of greenbacks
Blueprint to end boycott offered
Fernald tower toppled
Black students narrow the gap
New designs freshen schools
No use crying: Crash spills milk
Reading streetscape vetoed
Workers rush to ready classes
Bidders purchase 'steals' at car sale
Good boy! Top cop pooch wins award
Margaret Heisel was a volunteer, leader
Jeff Allan Rodgers, Gulf War veteran
Regional Report

STATE/REGIONAL HEADLINES
Man buys box, finds human ashes inside
Wounded pilots support own kind

KENTUCKY HEADLINES
'Short' story to end Monday
'Vietnam wall' coming to Florence
Boone kin want name put back on highway
School dropout audit sought
Searchers find body of missing woman
Town threatens fine over 9-11 memorial

 

Latest Headline News
Updated Every 30 Minutes
AP TOP HEADLINE NEWS

Iraqi Official: 150,000 Civilians Dead

Sen. Allen Concedes Defeat in Virginia

Bush, Pelosi Hold White House Talks

Massive Recall of Acetaminophen Underway

Mubarak Warns Against Hanging Saddam

Bolton Unlikely to Win Senate Approval

AP: Startling Findings in Tillman Probe

Ed Bradley of '60 Minutes' Dies at 65

U.S. Rises in Auto Reliability Ratings

49ers Look to Relocate New Stadium



Cincinnati.Com
Search our site by keyword:  
Search also: News | Jobs | Homes | Cars | Classifieds | Obits | Coupons | Events | Dining
Movies/DVDs | Video Games | Hotels | Golf | Visitor's Guide | Maps/Directions | Yellow Pages

  CINCINNATI.COM  |  NKY.COM  |  ENQUIRER  |  CIN WEEKLY  |  Classifieds  |  Cars  |  Homes  |  Jobs  |  Help


Search | Questions/help | News tips | Letters to the editors | Subscribe
Newspaper advertising | Web advertising | Place a classified | Circulation

Copyright 1995-2007. The Cincinnati Enquirer, a Gannett Co. Inc. newspaper.
Use of this site signifies agreement to terms of service updated 12/19/2002.