What happens if a settlement cannot be reached?
If the parties cannot reach an agreement, the parties 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 Attorneys withdraw and each party retains a new attorney for trial. The Collaborative Attorney will transfer the information already gathered and will assist the trial attorney in the transition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the event the parties are unable to arrive at a settlement through the collaborative- law approach, the collaborative lawyers withdraw from the case and the parties are free to retain trial attorneys to pursue their matter in Court. The result is that the parties will have had the best representation for each phase of their proceeding.
If the parties cannot reach an agreement, the parties 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 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. 10. Why is it necessary for the Collaborative Attorney to withdraw if an agreement is not reached? Attorneys are typically trained to approach cases with the underlying assumption that a judge will make the ultimate decision. Cases are analyzed with this foundation and are settled with the backdrop being “what will happen if we go to court.” “Going to court” can often become a weapon or threat that derails communication rather than moving the parties to settlement. Since settlement has not been the focus from th
If the clients cannot reach an agreement, the clients can explore other options for settlement – 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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