|
|---|
| Litigation Process Descriptors |
Collaborative Process Descriptors |
| Parties in disputes often feel intimidated, fearful, anxious, powerless, out gunned, and not in control. Litigation does nothing to calm this uneasiness and, in fact, a common successful litigation tactic is to make the other side so uncomfortable they are coerced into settling. | Collaborative process affirmatively seeks to make both parties feel safe, respected, in control of their lives and as comfortable as possible while working towards resolution - coercion is not part of the process. The goal of the process is to allow the safe expression and resolution of conflict. |
| Process often focused on determining blame or fault for problems. | Process focused on reaching solutions to problems. |
|
Unpredictable Results. |
Predictable results. |
|
May get results that you do not want or agree with. |
There will be no result without your express agreement. |
| Unsafe atmosphere - subject to cross examination, subpoenas and depositions | Safe atmosphere - civil, dignified, respectful. |
| Public | Private and confidential. |
| Inconvenient scheduling - court and other side may determine the parties’ schedules | Schedules for meetings are by agreement. |
| Filtered process - information often exchanged subject to discovery rules and lawyer/party discretion. Often negotiate indirectly through lawyers. | Transparent process - same information available all parties/attorneys at same time. Parties develop options and negotiate for resolution in “four way” meetings. |
| Much time, money and energy spent getting ready for a trial that most likely will never occur. 90% of cases settle but 90% of legal fees are not spent on settlement efforts. | 100% of all time, money and creative energy is spent on settlement efforts - fewer wasted financial, emotional and mental resources. |
| Legal expenses are not all within your control. Other side can force you to spend money on depositions, discovery and hearings that you do not want. | All legal expenses are discussed and agreed upon. Legal resources and expenses are more efficiently used. |
| Cannot just “try” litigation. | Can try collaboration - if it does not work, you can always litigate. |