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Difference between revisions of "Collaborative Negotiation"
From Clicklaw Wikibooks
→Signing the participation agreement
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The parties and their lawyers <span class="noglossary">will</span> then sign the participation agreement that commits them to working together, using non-adversarial problem-solving techniques and cooperative negotiation strategies, to reach a fair settlement without going to court. You are not in a collaborative process unless you and your lawyer have signed a participation agreement. | The parties and their lawyers <span class="noglossary">will</span> then sign the participation agreement that commits them to working together, using non-adversarial problem-solving techniques and cooperative negotiation strategies, to reach a fair settlement without going to court. You are not in a collaborative process unless you and your lawyer have signed a participation agreement. | ||
The participation agreement <span class="noglossary">will</span> contain a number of terms that are very important to understand. Among other things, most participation agreements | The participation agreement <span class="noglossary">will</span> contain a number of terms that are very important to understand. Among other things, most participation agreements require that: | ||
*the parties are to discuss the issues in a frank and respectful manner, and not make unfounded accusations, | *the parties are to discuss the issues in a frank and respectful manner, and not make unfounded accusations, | ||
*while the collaborative process is underway, neither party <span class="noglossary">will</span> start proceedings in court, | *while the collaborative process is underway, neither party <span class="noglossary">will</span> start proceedings in court, | ||
*if litigation starts, both lawyers must withdraw and cannot continue to represent their clients, | *if litigation starts, both lawyers must withdraw and cannot continue to represent their clients, | ||
* | *a lawyer must end the collaborative process if his or her client withholds or misrepresents information, and | ||
*all communications generated during the process are to be kept strictly confidential. | *all communications generated during the process are to be kept strictly confidential. | ||
Most participation agreements say that there is no settlement until a separation agreement has been signed. This is to make sure that everyone is committed to the settlement and prepared to be bound by its terms. | Most participation agreements also say that there is no settlement until a separation agreement has been signed. This is to make sure that everyone is committed to the settlement and prepared to be bound by its terms. | ||
===Hiring the professional advisors=== | ===Hiring the professional advisors=== | ||
