Arbitration is often suggested for a single issue or two. The more
interesting issue is whether the use of arbitration should be agreed to
in the participation agreement. I am inclined to believe this is unwise
action as it will quickly become the default option if negotiations
become stalled. I think the better practice is to negotiate for
arbitration if termination appears to be the only option remaining.
As to consulting experts, I believe such individuals should be disclosed
and perhaps their findings. It doesn't seem very collaborative if
outside persons are being consulted, influencing the collaboration and
not disclosed. Hope this helps.
Harry L Tindall
Tindall & Foster PC
1300 Post Oak Blvd Ste 1550
Houston TX 77056-3081
Direct 713 622 8733 x21
Website: www.tindallfoster.com
________________________________
From: staceylangenbahn [mailto:stacey.langenbahn@xxxxxxxxxxxxx] ;
Sent: Thursday, August 19, 2004 9:39 AM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: [CollabLaw] Arbitration and withdrawal of CL counsel
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.
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