Our group in Dallas is putting the finishing touches on a draft
participation agreement for non-family matters. We came up with a
question, though. If the parties want to arbitrate, do the
collaborative counsel have to withdraw because arbitration is an
adversarial proceeding? What if it is only an issue or two they want
to arbitrate? Also, how do you deal with consulting-only experts?
Does a party have to disclose the identity of a consulting-only
expert to the other parties? Can that consulting-only expert's
opinions remain confidential if the expert's work is not reviewed by
a retained expert? Thanks.
