What happens if a settlement cannot be reached?
Then you and your partner can explore other options for settlement such as mediation, which may allow you to stay within the collaborative process. If either of you decide to “fight it out in court,” the collaborative lawyers, and any other team members involved, must withdraw and each party retains a new lawyer for the court hearings. The collaborative lawyer transfers the information gathered and assists the trial lawyer in the transition. Why should I have to lose my lawyer if the other side decides to go to court? Each lawyer in the collaborative situation has signed a written agreement, as you and your partner have, to avoid participation in litigation. Because of this agreement and their commitment to the collaborative process, the lawyers have incentive to stay focused on assisting their clients to reach a fully informed and mutually acceptable settlement. This way, all participants are equally invested in finding the solutions to the issues at hand. Lawyers advise, advocate and
It is unlikely that a settlement cannot be reached; because conflicts are addressed openly and each collaborative professional is committed to working for the benefit of the entire family and the whole process. Clients and team members are encouraged to work together in the spirit of cooperation rather than battling to “win.” However, in the rare instance that a settlement cannot be reached, the collaborative team is disbanded and each party must retain a litigation attorney to prepare for trial so a judge can make the decision.
If the clients cannot reach an agreement, the clients can explore other options for settlement such as mediation, arbitration, private judging and neutral case evaluation, some of which may allow them to stay within the collaborative framework. If court hearings are required, the Collaborative Professionals withdraw and each client retains a new attorney for trial. The Collaborative Attorney will transfer the information gathered and will assist the trial attorney in the transition.
If the parties are unable to reach a settlement through the collaborative process, the collaborative lawyers must, as a matter of law, withdraw from the case. The parties are free to retain trial attorneys to pursue the matter in court. 6. How Do Collaborative Lawyers Work? Informal 4 – party meetings are held in the privacy of the collaborative lawyer’s office. The number one goal of the meeting is the future well being of you and your family. There is a complete, honest exchange of information. Collaborative lawyers use creative problem-solving techniques to assist you in producing an agreement tailored to the needs of you and your family. Your spouse and his or her attorney are treated as part of a settlement team, not as adversaries. Both attorneys are concerned about the collaborative law process, as well as the outcome. Your collaborative lawyers are committed to finding ways to achieve a settlement that will work best in your case. The basic philosophy of collaborative lawyers i
A. If they cannot reach an agreement, the parties can explore other options for settlement ñ mediation, arbitration, neutral case evaluation. If court hearings are required, the Collaborative attorneys withdraw and each party retains a new attorney for trial. The Collaborative attorney will transfer the information gathered and will assist the trial attorney in the transition.
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