Collaborative Negotiation: Difference between revisions
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→Signing the Participation Agreement
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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; | |||
#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; | |||
#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. | |||
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. |