Subsequent Litigation. Unless the parties and the non-attorney professional Team member or expert agree otherwise, if they select and retain a Team member and/or a joint neutral expert to assist in the Collaborative Process, neither of them may retain such Team member or expert, nor may such Team member or expert participate, in any subsequent litigation between them, whether as an expert, a witness, or in any other capacity. If the parties agree, either of their Collaborative attorneys may be required to testify to confidential information in subsequent litigation. Collaborative Communications Privilege. Collaborative Communication shall be defined as an oral, written, or recorded statement that is made to conduct, participate in, continue, or reconvene a Collaborative Process after the Collaborative Participation Agreement is signed and before the Collaborative Process is concluded. Recorded statement is defined as information which is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Collaborative Communications cannot be introduced in evidence or compelled to be produced as part of the court discovery process, absent consent of the parties and, in the case of a Collaborative Communication by a non-attorney team member or joint expert, the consent of such Team member or expert. Shared Communications Among Team Members, Jointly Retained Experts, and the Other Party. The parties understand that, by signing this Participation Agreement, they are authorizing the Team members to share the parties’ individual communications in this Process, including otherwise privileged or confidential information, among all of the Team members, other professionals retained jointly by the parties in the Collaborative Process, and the other party. Each party instructs his or her attorney and other Team members to have whatever discussions among themselves as are necessary to assist the parties to resolve their differences during the Collaborative Process, including discussions outside of their presence, and including the disclosure of otherwise privileged or confidential information. By signing this Participation Agreement, the parties also instruct their Team Members and jointly retained experts not to share their Collaborative Communications outside the Process.
Subsequent Litigation. Unless the parties and the non-attorney professional Team member or expert agree otherwise, if they select and retain a Team member and/or a joint neutral expert to assist in the Collaborative Process, neither of them may retain such Team member or expert, nor may such Team member or expert participate, in any subsequent litigation between them, whether as an expert, a witness, or in any other capacity. If the parties agree, either of their Collaborative attorneys may be required to testify to confidential information in subsequent litigation.
Subsequent Litigation. No team member can participate in any subsequent litigation between the parties even if the parties agree otherwise and desire the team members’ participation.
Subsequent Litigation. It is understood that the Board of the Condominium is elected by the members of the Association and that the Board members change from time to time. Further, Owner recognizes the authority of the Board to grant approval for the installation and location of the Modification and/or Addition is unclear and that a subsequent Board may wish to rescind the authority and demand removal of the Modification and/or Addition.
Subsequent Litigation. If subsequent litigation occurs, the Participants agree that:
13.5.1 Neither will introduce as evidence in court any written or oral information generated or documents prepared during the Collaborative process, including e-mails, voice mails, letters, progress notes, session notes, budgets and projections and proposals for settlement. Only documents such as sworn financial statements and original financial documents may be introduced in court.
13.5.2 Neither will introduce as evidence in court nor require the production of any reports, opinions or notes prepared by any other professional in the Collaborative process, except as follows: professional reports may be used in the event that the Collaborative process terminates, on written consent of both Participants.
13.5.3 Neither will compel or subpoena either lawyer or any other professional retained in the Collaborative process to attend court to testify or attend a deposition to testify under oath about matters discussed in the Collaborative process.
13.5.4 Only the fact that Collaborative process was attempted and final settlement was not reached may be introduced into evidence in court, unless we agree otherwise, in writing.
Subsequent Litigation. If subsequent litigation occurs, the Participants agree that:
(1) Neither Participant will introduce as evidence in court any written or oral information generated, or documents prepared, during the Collaborative process, including e-mails, voice mails, letters, progress notes, session notes, budgets and projections and proposals for settlement. Only documents such as sworn financial statements and original financial documents may be introduced in court, unless the Participants mutually agree otherwise; provided, however, that a Collaborative professional who generated a document cannot be compelled or subpoenaed to testify at any court hearing or deposition about matters related to the document.
(2) Neither Participant will introduce as evidence in court, nor require the production of, any reports, opinions or notes prepared by any other professional in the Collaborative process, except as follows: professional reports may be used in the event that the Collaborative process terminates on written consent of both Participants; provided, however, that the Collaborative professional who generated the report cannot be compelled or subpoenaed to testify at any court hearing or deposition about matters related to the report.
(3) Neither Participant will compel nor subpoena either Collaborative attorney or any other Collaborative professional retained in the Collaborative process to attend court or a deposition to testify about matters discussed in the Collaborative process. We intend this provision to benefit the Collaborative professionals on our case, and agree that Collaborative professionals shall be regarded as third party beneficiaries of this provision of our Participation Agreement, such that they can request enforcement of this contractual provision if any Participant seeks to compel or subpoena a professional to testify regarding matters discussed in the Collaborative process.
(4) Only the fact that Collaborative process was attempted and final settlement was not reached may be introduced into evidence in court, unless we agree otherwise in writing.
Subsequent Litigation. In the event of any litigation or arbitration arising out of this Agreement, the prevailing party shall be entitled to reimbursement of its costs and attorneys' fees and expenses.
