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For Parties
The Two-Track model offers a way for parties to save money when there is a dispute with another person or organization. The model does this by first using the lower cost and frequently faster Track 1 processes of direct negotiations and mediation, with Track 2 litigation or arbitration as backup to be used only if needed.
How Does the Model Work?
- Each side uses a Track 1 attorney for negotiation or mediation and this attorney disqualifies him or herself from any litigation or arbitration that may be required later. If needed, after the Track 1 options have been exhausted without resolution, litigation or arbitration is conducted by a Track 2 attorney, who is from a different law firm than the Track 1 attorney. It is possible for only one side to use a Track 1 attorney, while the other side is represented by a Track 2 attorney. However, this approach may increase the adversarial nature of the process, hence increasing costs. See FAQ.
- All communications in the Track 1 processes are protected as confidential “settlement talks” and therefore cannot be subpoenaed into a court of law later.
- Track 1 attorneys use their skills and training to cooperate with the other side in fashioning a solution that will honor the interests of all parties. This typically includes elements that go beyond restitution (monetary settlement), although restitution is often included. Other elements the parties may wish to include in the solution are acknowledgment/apology, corrective actions to address conditions contributing to the dispute, and the possibility of restoring a relationship, including, in some cases, forgiveness or reconciliation among the parties. The process is ideally suited to parties who wish to (a) keep attorney fees at a minimum, and (b) achieve a just resolution quickly, with attention to payment for damages and other aspects of the case that are best dealt with in confidential conversations.
- The parties give up no rights to the courthouse. Instead, they delay court action for a period of time until they have first exhausted the low cost options. If the case is not settled, then the parties are free to proceed to the courthouse.
- After beginning a Track 1 process, any party, if he/she believes that the process is not serving his/her interests, may unilaterally stop the process and proceed to court.
- This site provides access to mediators and arbitrators who are familiar with the Two-Track process and available to assist each of the parties if hired to do so.
- Any attorney wishing to be listed on this site as knowledgeable about and available for Two-Track work (as a Track 1 and/or Track 2 attorney) may do so (see Attorney Sign Up).
- In some cases, a plaintiff can have his/her Track 1 attorney fees paid for by a defendant as a part of an agreement to use Track 1 first, instead of litigation or arbitration first. (See Procedures Manual, Form 5.)
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