"Litigation should be a last resort, not a knee-jerk reflex."
Irving S. Shapiro
Chairman, E.I. du Pont de Nemours
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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.
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