Common use of Subsequent Litigation Clause in Contracts

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. 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 team member or expert agree otherwise, if they select and retain a Team team member and/or a joint neutral expert to assist in the Collaborative Process, neither of them may retain such Team team member or expert, nor may such Team team member or expert participate, in any subsequent litigation between them, whether as an expert, a witness, or in any other capacity. If [IN UCLA JURISDICTIONS, INSERT “NON-ATTORNEY” PRIOR TO “PROFESSIONAL TEAM MEMBER IN THE FIRST SENTENCE AND ADD THE FOLLOWING SENTENCE AT THE END OF THE PARAGRAPH “IF THE PARTIES AGREE, EITHER OF THEIR ATTORNEYS MAY BE REQUIRED TO TESTIFY TO CONFIDENTIAL INFORMATION IN SUBSEQUENT LITIGATION.”] The parties wish to feel comfortable exchanging information freely and in testing out ideas and proposals within the parties agree, either of Collaborative Process. They instruct their attorneys and other team members that all Collaborative attorneys may communications except as provided in paragraph 8 above (communication among team members) and in this paragraph shall be required kept confidential and confined to testify this process and shall not be subject to confidential information discovery or admissible in evidence in any subsequent litigation. Collaborative Communications Privilege. Collaborative Communication 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 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[IN UCLA JURISDICTIONS, absent consent of the INSERT “Note that if both 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 Agreementagree, they are authorizing the Team members may require either attorney to share the parties’ individual testify to otherwise privileged collaborative 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 Processsubsequent litigation.”]