The Two-Track model offers attorneys additional ways to serve clients and to achieve more comprehensive outcomes in the resolution of disputes.
At the heart of the model is a distinction between Track 1 processes that require cooperation (negotiation and mediation) and the Track 2 processes of litigation or arbitration that do not.
A Two-Track attorney will represent the client in one track or the other, but not in both.
Why Two-Track?
There are three reasons for the emergence of the Two-Track model:
1. Many clients have found that an adversarial dispute resolution process is expensive since it requires more billable hours than cooperative processes of negotiation and mediation.
2. The adversary litigation model often derails collaborative negotiations, thereby driving up costs.
3. The separation of tracks is not a new idea and is already in use by attorneys who practice transactional law and refer matters involving litigation or arbitration to another attorney. What is new is the promulgation of guidelines that offer tools for parties and attorneys to use or adapt to their specific circumstances.
How can I learn more about the process?
Click on Articles on this site and read other resources on this site, especially the Procedures Manual.
Who runs the two-tracklawyers.com web site?
The Chorda® Two-Tracksm Legal Registry and Education Services is a component of Chorda Conflict Management, Inc. (www.chorda.com). The Registry is a service for attorneys and their clients, both plaintiffs and defendants. The main services of the Registry are:
• Information for attorneys and their clients, plus legal work products that can be reviewed/amended by attorneys.
• A listing of mediators and arbitrators who are trained in the Two-Track model.
• Links to mediators, arbitrators, and experts who are trained in the Two-Track model.
• Continuing education with the two-track model, including the option to receive three hours of Texas MCLE participatory credit in the ethics category, and for three hours of certification and recertification CLE credits for attorneys and legal assistants in the specialty fields of Civil Trial Law, Family Law, Health Law, and Labor & Employment Law. (Application planned for other states, as requested by attorneys). Other courses on negotiation advocacy, mediation advocacy, arbitration advocacy, and litigation advocacy will be available at a later date.
How do I sign up?
Click on ATTORNEY SIGN UP in this site for information on enrollment in the Registry and continuing education.
