How It Works
When parties agree to participate in Two-Track, they are choosing to collaboratively develop a solution that will address the individual, and sometimes common, interests of each party. However, they preserve their right to go to court (Track 2) if they do not reach an agreement in Track 1.
- If you, as a party, decide to use the Two-Track method, you and your attorney will sign a Counsel Engagement Letter in which your attorney agrees to represent you for Track 1 (negotiation and/or mediation). You will identify another attorney who will represent you if the case is transferred to Track 2 (litigation or arbitration).
- Your Track 1 attorney and the Track 1 attorney for each of the other parties will meet and sign a Participation Agreement and other documents for using the model.
- With confidentiality legally protected, the Track 1 attorneys will cooperatively share information and, with your participation, negotiate a resolution.
- If you reach agreement, then the case is closed earlier than it would be through litigation.
- If agreement is not reached, you will transfer the case to your Track 2 attorney for litigation.