Which Method Would You Choose?
| Litigation | Collaboration |
|---|---|
| Operates by assigning blame or fault and relies on coercion to obtain results. | Relies on problem solving and informed agreements. |
| Creates an atmosphere of intimidation and fear. | Provides a safe environment for the exchange of ideas and possible solutions. |
| Filters communications and negotiations by going through parties/attorneys using the “he said, she said” method of relaying information. | Employs face to face meetings with all parties and attorneys hearing the same information at the same time with the ability to instantly correct any misunderstandings. |
| Subjects parties to cross examination, depositions, subpoenas, written discovery, and unwanted hearings | Follows an agreed meeting agenda with no surprises, demands or court appearances. |
| Takes expenses out of your control and gives the other side the option of forcing you to spend money for depositions, hearings and unproductive discovery. | Allows the voluntary agreement of the parties to determine what documents and information are necessary to reach a resolution of the disputed matter. |
| Gives the Court control over the scheduling of the case. | Gives the parties control over scheduling of all meetings and deadlines. |
| Provides a public record of all court hearings | Employs private and confidential meetings. |
| Forces the attorneys to prepare for trial from the moment the case begins— creating unnecessary expenses if the case settles. | Allows the attorneys to focus 100% of their time and talent – as well as their clients’ money – on discovering the optimum solution. |
| Requires each party to obtain at least one “hired gun” who must be willing to testify in support of that party’s claims in court if an expert is needed. | Provides for a jointly engaged expert who will never testify; thus saving money as well as giving a greater selection of experts since some experts refuse cases which require a court appearance. |
| Promotes the abdication of responsibility for the resolution of the dispute by placing the task in the hands of the judge or jury. | Takes control of the dispute and actively seeks resolution providing a greater likelihood that the parties will be satisfied with the result. |
| Imposes no duty to correct misunderstandings or mistakes that a party may rely on to his/her detriment. | Requires the parties/attorneys to correct all misunderstandings and/or mistakes. |
| Requires no party to disclose any facts, documents or information unless specifically asked by another party. | Requires the full disclosure of facts, documents or other information which has any bearing on the resolution of the dispute. |
| Creates an imbalance of power when one party has greater financial resources than the other parties. | Levels the playing field by giving all parties control over the choice of experts and financial expenditures |