Collaborative Law

Collaborative Law is a cooperative approach to divorce and other types of litigation.  It is a type of alternative dispute resolution, and requires special training for the attorneys who use it in their practice.

Craig Fowler was one of the first attorneys to embrace collaborative law.  An acknowledged expert in the field, he has gone on to train other attorneys in the process.  Attorneys Nancy Walzel and Sharon Forbes have often used a cooperative approach to resolve cases.

The collaborative approach is that of a team.  In divorce cases,  the team may include the parties and their lawyers, a financial advisor, a child therapist, and collaborative coaches. All involved must agree that the information used in the collaborative process cannot be used in an adversarial process.  For that reason, the decision to utilize collaborative law must be made carefully.  If  the team approach fails and the case goes into active litigation, the team members cannot be forced to testify in court and the collaborative attorneys must withdraw from representation.

The collaborative approach is especially productive if there are custody or complex property issues.  Often the parties decide to retain "coaches" to help them with their emotional and financial needs.  If children are involved a child therapist may be hired.

Collaborative law usually requires several sessions between attorneys and the parties, and between the parties and the specialists.   Often, although not always, the outcome will be fairer and less expensive than that achieved after a lengthy, acrimonious and expensive court battle.  More importantly, in a successful collaborative law setting the parties will have learned to deal together post-divorce, the children's needs have been addressed from the beginning, and the property has been divided with the future in mind.

Collaborative Law may also be used in civil litigation cases.  It is especially appropriate for cases involving partnership or business ownership disputes, where the parties wish to maintain some secrecy regarding financial or proprietary information.  Virginia Hammerle, Rob Morris, Craig Price and Dan Chern have extensive litigation experience and have participated in many types of alternative dispute resolution procedures.