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Difference between revisions of "Collaborative Negotiation"

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The parties and their lawyers will 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. The participation agreement will contain a number of important terms which are very important to understand. Among other things, most participation agreements will provide that:
The parties and their lawyers will 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. The participation agreement will contain a number of important terms which are very important to understand. Among other things, most participation agreements will provide 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 will start proceeding in court;
#while the collaborative process is underway, neither party will start proceeding 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;
* the lawyer must end the collaborative process if his or her client withholds or misrepresents information; and,
#the 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.


More importantly, 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.
More importantly, 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.