Convening
The stark reality of dispute resolution is that the toughest part may be what should be the easiest: getting the parties to agree to come to the table to attempt a collaborative resolution.
Once the case enters litigation, adversarial posturing and trial preparation become the order of the day. Even discussing settlement can run counter to this culture, until the case gets to the court house steps, where 98% of cases settle without the trial that everyone has been preparing for.
Enter the convening option.
If you want to cut through this dynamic (saving time and money, and increasing the likelihood of a comprehensive solution), consider sending the case to a professional whose sole job is to sell all sides on using a collaborative process. The convener also assists in selection of a neutral, scheduling, other administrative details until the case is closed.
Fees: in most cases there will be a flat administrative fee that is shared equally by the parties. If you are the first to refer the case for convening, you pay your share and the convener contacts the other side and is paid their share if, and only if, they agree to proceed.
If you’d like to learn more about how to apply this to your particular situation, call or email me.