Question: If we hire an appraiser in the collaborative process, can that appraisal be entered as evidence in court in the event we do not settle the case?
Answer:
No. The collaborative agreement should state that any jointly hired experts, such as an appraiser, will not be able to testify at court, nor will the parties be able to introduce as evidence in court any report prepared by the appraiser. All experts hired collaboratively will usually be paid equally by the parties, and such experts are intended to be neutral within the process. Because the neutral expert is being paid by both parties, both parties are the clients of the expert. As such, the expert is expected to maintain a neutral, informative stance within the collaborative process. This neutrality is very useful within the collaborative process, and it helps the parties and their attorneys’ trust and use the information provided by the neutral expert. If the neutral expert were later to testify in court for one of the parties, that expert would not be viewed as neutral by the parties or their attorneys.
The collaborative process is intended to be a safe way to gather information and make decisions. If one or both parties decide to leave the process, one price they both will pay, in addition to hiring new attorneys, is each hiring a new expert witness for the litigation process and paying for that new witness to prepare a report for the court and to testify in court.
Heidi Risser is a Charlotte attorney at Risser Law focusing on family law. Risser strongly believes that Collaborative law methods can be used in most cases to avoid litigation and find good solutions to families wrestling with the issues surrounding separation, division of assets, custody, child support, and divorce. Ms. Risser has used these methods for many years to help clients find solutions that meet their families’ needs and goals.