by Richard Prior
Staff Writer
The local collaborative law chapter is still working to attract new members and spread the word that there’s a better way to resolve disputes than by combat in the courtroom.
“I’ve done two collaborative cases, and I’ve been impressed with both of them,” said Nickolas Alexander, who has been leading the formation of the local chapter. “I’ve probably injected the collaborative spirit in several other cases I’ve successfully worked on in the past couple of years.
“I believe, when the clients and the lawyers get out of that litigative mode and start thinking outside the box, there will be a lot less repeat litigation. People have input into what actually happens without a judge or lawyer twisting their arm, telling them what to do.”
Collaborative law began in Minnesota in 1990 when four family law attorneys gathered to discuss a new approach to divorce proceedings. Instead of putting the focus on litigation, their actions would have a peaceful settlement as the goal.
“I haven’t handled a collaborative case, but I got training with the American Academy of Matrimonial Lawyers, “ said Hal Castillo. “I really feel it’s kind of the wave of the future. I believe it’s eventually going to be a part of everybody’s practice.”
Alexander and Castillo were two of the local lawyers attending the First Coast Collaborative Family Law meeting in Castillo’s office last week.
Others were:
• La’Re Holling-Hendrix, who, like Alexander, practices in Orange Park. She and Alexander successfully collaborated the first case in Clay County.
• Kitty Robbie, who practices family law in San Marco.
• Susan Daicoff, a professor of law at Florida Coastal School of Law. She teaches a class on the comprehensive law movement, which contains about 10 different emerging disciplines within the law. Collaborative law is one of those disciplines.
• Jodi Miles, who practices criminal defense and family law.
• Chanda Rogers, who works in Miles’ firm and took Daicoff’s class at FCSL.
Using a divorce proceeding as an example, the collaborative process resembles mediation, except for the absence of a neutral mediator. Both parties and their lawyers agree at the outset to negotiate an out-of-court settlement. It requires everyone involved “to voluntarily disclose all relevant information, to proceed respectfully and in good faith, and to refrain from any threat of litigation,” according to a pamphlet prepared by First Coast Collaborative Family Law.
If a settlement cannot be reached, both attorneys have to withdraw. They then help the couple find alternative lawyers to take the case to court.
The requirement to withdraw removes the incentive some lawyers may have to prolong the process. And their clients are motivated to reach a settlement because they, understandably, don’t want to start all over.
Along with discussing membership qualifications, training seminars and a mentoring program, the group’s attention zeroed in on increasing membership.
“Where there is some collegiality and contact, it would help if members of the group make individual calls to attract new members,” said Alexander.
Rogers said she made 20 phone calls and spoke with “quite a few people in person. Everyone sounded interested; everyone wanted to come. I even added a few people to the list, since some attorneys have a partner or someone else that might be interested.”
The chapter will have a member or two explain the collaborative law process Nov. 3 and 10 on Gordon Robbie’s public interest television program in a question-and-answer format. The program, which is available only in Jacksonville, airs at 8:30 p.m. on cable channel 29.
The chapter’s next meeting is scheduled for Nov. 19 at an office to be determined.
For additional information, call Alexander’s office at 264-0311. The chapter’s web address is www.firstcoastcollabor tivelaw.com.