David P. Schwartz, Attorney at Law

Collaborative Practice and Mediation

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David P. Schwartz
Attorney At Law

87 N. Chestnut Street
Ventura CA 93001
Office: 805.642.1246
Mobile: 805.746.0062

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In these three case summaries I represented "Stan", "George" and "Monica." Although the stories may seem remarkable (and their results would all have been genuinely unbelievable in a courtroom setting) the reality is that these are everyday events in Collaborative Practice and in Mediation, as well. At the end of this page I have, also, included 11 much briefer case summaries collected from practitioners across the continent and published by the International Academy Of Collaborative Professionals.


"Agreements Are Made for Reasons that Are Important To You"

After a marriage of over 20 years, Mary and Stan had gone through a typical court system divorce. There were a number of contested court hearings along with the usual demands, accusations and suspicions that characterize litigation in the adversarial system. Their frustrations eventually led them to sign a settlement agreement even though neither Stan nor, Mary thought that the arrangement made a great deal of sense. The agreement provided for spousal support to continue indefinitely but, in the event of certain actions by Mary in the future, support could be terminated permanently... | Read More


"Sometimes Two Or Three Meetings Are All That Is Needed"

George and Linda had been married for over 30 years. George ran a successful small business that had been started shortly after he and Linda married. He also had some property that had come from his parents. Over the course of the last few years, George's avocation had begun to consume a great deal of his interest, time and attention. Recently, he had decided that his former hobby would become his new career... | Read More


"Difficult Custody Decisions Are Made By Agreement"

Monica and Bob had two daughters, 11 and 14. The older of the two girls was clearly her father's partisan. She endorsed his views about all of the 'wrongs' that her mother had done to him. Bob had no reservations about sharing his views and wounds with his 14 year old because he was, after all, "just telling her the truth."

Monica had become somewhat remote emotionally. She found it difficult to communicate effectively with their older daughter... | Read More




Brief Case Study Summaries

  1. A music executive and his financially dependent wife decide to get divorced. They have a 5-year old daughter. CP helps couple navigate the complicated financial arrangement as well as the tricky issue of the daughter’s contact with the wife’s new boyfriend and the wife’s pregnancy with the new boyfriend. (P. Tesler/LA, CA)

  2. It was husband’s second marriage, first wife had taken off and was out of the picture. His current wife, the stepmother of his children, was the only effective mother his two kids had ever known, and due to fertility issues they were the only kids that she would ever have. Ordinarily she would have had no parental rights, but CP ensured that she stayed in the kids’ lives. (P. Tessler/SF, CA)

  3. A husband and wife, both ministers and with 4 kids, were living happily with the husband’s partner as a part of the family and under one roof. The partner wanted to come out, ultimately leading to a divorce a trauma for the family. CP restored the friendship that had been in danger of being lost and allowed the family to reach an acceptable solution. (P. Thompson/Orinda, CA)

  4. Two parents had a special needs child that was the subject of their financial conflict. CP not only enabled them to refocus their discussion and come to an agreement, but to continue to work together after the divorce to make sure that both their children receive the care and support that they need. (Vicki Carpel Miller/Phoenix, AZ)

  5. After a rough legal battle, Mary and Stan decided to modify their originally litigated divorce settlement. CP allowed them to do this so amicably that Stan even offered to help Mary out of a financial rough spot after the divorce was over. (D. Schwartz/Oxnard, CA)

  6. Five kids from age 5-16. Co-owned auto mechanic business in MD. Mom had no intention of recognizing dad’s participation and contribution to lives of children. He was raised Catholic. Dad initiated process, was first to buy into process. Wife had never been a disciplinarian. Father wanted kids to get a job at McDonald’s. Very different family philosophies. Finally settled on a complete 50/50 split of children. 2 businesses. She ended up meeting an attorney whom she is marrying. (D. Shoop/MD)

  7. New England stay-at-home-mom (very photogenic) was married to a wealthy physician for 30 yrs. After adult daughter went to college, wife decided on divorce so she could “breathe,” but wanted her daughter to feel as if mother was in no way taking advantage of father in divorce process. Wife wanted divorce, husband was destroyed and adamant that case be over immediately. She wanted to honor husband, including all he had done to build the estate, and conduct process is least painful manner possible. Wife was also determined to have no regrets, either about the decision or the process of separation. The wife was liberated on a spiritual level by Collaborative Practice by maintaining peace and integrity even throughout the separation, doing it in the most honorable way possible. (Gay Cox/Dallas, TX)

  8. An Atlanta couple of 16 years entered into a ‘new’ relationship with the help of Collaborative Practice. Having a team of lawyers, a child psychologist and a financial planner allowed the family to talk through a fair financial arrangement and to meet the needs of the children. Collaborative Practice helped the couple keep their perspective of what is important. The entire process only took six months and both parents still meet once a week to give each other updates on what has happened the previous week in the children’s lives. (Tricarico/Atlanta, GA)

  9. A divorced couple who had once been childhood sweethearts could not keep communication civil and tensions increased as custodial issues regarding their five-year-old son arose. The breaking point for the couple led them to Collaborative Practice where they learned how to communicate with each other to enable the healthy development of their son. The collaborative process also solved the custodial issues by giving each parent 50/50 custody and arranging a financial plan where both parents contribute to costs relating to their son and both are able to monitor the spending of the money. (Sellers)

  10. The entrepreneurial nature of the father’s work put a lot of drama and stress into the couple’s 28-year relationship. With the children off to college, the wife decided to initiate divorce proceedings. They chose Collaborative Practice, which helped sort out their confusion and questions regarding the separation after so many years of marriage. Both individuals left this experience affirming the time they were married, respecting each other and understanding their divergent paths. (Brantley)

  11. Collaborative Practice saved the Madans’ marriage. The wife initiated the proceedings after years of frustration of feeling like the odd person out in the family. The team helped establish a less-hostile environment to proceed with the divorce and facilitated communication between the couple that in the end caused them to stay together and work out their problems through counseling. (Madans)

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