Comparison to Litigation

Comparison to Litigation

Litigation Process Descriptors

• Parties in disputes often feel intimidated, fearful, anxious, powerless, out gunned, and not in control.  The litigation does nothing to calk this uneasiness and, in fact, a common successful litigation tactic is to make the other side so uncomfortable they are coerced into settling.
  
  
• Process focused on determining blame for problems.
  
  
• Unpredictable results.
  
  
• Things happen that you do not want to happen.
  
  
• Unsafe atmosphere - subject to cross examination, depositions.
  
  
• Public.
  
  
• Inconvenient scheduling - court determines the parties' schedules.
  
  
• Secretive - play hide the ball, mislead, and deceive the other side.  Usually negotiate through lawyers.
  
  
• Much more time and money spent getting ready for the trial that most likely will never occur.  Little time spent on settlement.  95% of cases settle but 95% of legal fees are not spent on settlement efforts.
  
  
• Legal expenses can become uncontrollable.  Other side can force you to spend lots of money on activity you do not want to participate in - depositions, discovery, hearings.
  
  
• Cannot just "try" litigation.
  

Collaborative Process Descriptors

• Collaboration 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.
  
  
• Process focused on reaching solutions to problems.
  
  
• Predictable results.
  
  
• Nothing happens unless you agree to it.
  
  
• Safe atmosphere - civil, dignified, respectful.
  
  
• Private and confidential.
  
  
• Schedules for meetings are by agreement.
  
  
• Transparent process - same information available to both parties.  Parties develop options for resolution in "four way" meetings.