This is so interesting! Thanks for sharing your situation. I went through a
similar process with three possible outcomes to a sticky issue. A concern was
that if we received a decision from the arbitrator on the one sticky issue,
that the unsatisfied party would want to go back to the table on other
previously decided issues to renegotiate in light of the decision. Our thought
was that we would propose three complete stipulations to the arbitrator (all of
which both parties agreed in advance they would sign if "forced" to do so) and
have the arbitrator pick one. Whichever stipulation the arbitrator picked, the
parties would sign.
In developing the three complete stipulations one client shifted - as the
risk of one of the three outcomes was more than she was willing to do - and she
has suggested another possible solution that is being considered now.
Assisting the clients in seeing how the arbitration process/outcome would
feel/impact them, was enough (hopefully) to get the case moving toward a client
created solution.
Ann Schaibley
Anne Towey <anne@xxxxxxxxxx> wrote:
Sounds like an exciting opportunity to let the clients explore what
they
think those guidelines ought to be. In doing so, when presented with a
myriad of options to select from they may resolve the issue or come up with
the guidelines that will ensure they are both satisfied with the result.
Please let me know (offline unless others are interested) how this pans out.
Warmly,
Anne
Anne C. Towey
Anne C. Towey, PLLC
A child focused practice
Collaborative Law and Adoption Attorney
Main: 952.405.2030 Fax: 952.405.2031
www.atowey.com <http://www.atowey.com/>
Edinborough Corporate Center
3300 Edinborough Way, Ste. 550
Edina MN 55435
_____
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On Behalf
Of Ann Gushurst
Sent: Wednesday, January 24, 2007 7:26 PM
To: CollabLaw@xxxxxxxxxxxxxxx; Pauline Tesler; DLittman@xxxxxxx
Subject: [CollabLaw] Arbitrating in collaboration
Dear brain trust,
A colleague and I are, for the first time, faced with the issue of at
least one issue that seems intractable in a collaborative case. Falling
back on Pauline's book, we offered the clients the solution of
arbitration of this issue.
Does anyone have any guidance to offer us on an agreement on this, how
we would set the guidelines for the arbiter and how this can be done in
an non-adversarial way?
We were thinking of having each party state their interests, and their
preferred solution. Having prior agreement on all documentary evidence
(which we are not sure is needed anyway), not allowing cross
examination, and having the arbiter be guided by the ethical guidelines
as well as relevant law on arriving at a decision.
We are feeling the need of collaboration on our approach and would
appreciate any advice or experience on this that may be out there.
Thanking you in advance,
Ann Gushurst
(and David Littman)
Gutterman Griffiths PC
10375 Park Meadows Drive, Suite 520
Littleton, CO 80124
Phone: 303-858-8090
Fax: 303-858-8181
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