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. Confidentiality of Collaborative Communications and Exceptions to Confidentiality 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. Confidentiality of Collaborative Communications and Exceptions to Confidentiality.
Subsequent Litigation. If subsequent litigation occurs, the Participants agree that:
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. In the event suit is brought against the Association, the Board or the Owner demanding removal of the Modification and/or Addition, Owner (and owners’ successors in interest) shall indemnify, defend and hold the Association and the Board members harmless from such suit or action and agrees to pay the Associations’ and the Board members’ attorneys’ fees incurred therein and in the event the suit is successful, Owner agrees to promptly remove the Modification and/or Addition and restore the common elements to a condition comparable to common elements elsewhere in the Condominium at Owner’s or Owner’s successor’s sole cost.
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.
Subsequent Litigation. Unless the parties and the 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. [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.”] Confidentiality Within Collaborative Process The parties wish to feel comfortable exchanging information freely and in testing out ideas and proposals within the Collaborative Process. They instruct their attorneys and other team members that all Collaborative communications except as provided in paragraph 8 above (communication among team members) and in this paragraph shall be kept confidential and confined to this process and shall not be subject to discovery or admissible in evidence in any subsequent litigation. 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. [IN UCLA JURISDICTIONS, INSERT “Note that if both parties agree, they may require either attorney to testify to otherwise privileged collaborative communications in subsequent litigation.”]
