The collaborative settlement of construction law cases is possible when the most productive parts of adversarial process are combined with a client-centered dispute resolution model.
Collaborative settlement involves the active, continuous engagement of lawyers and clients with a dispute over a short period of time, using a limited scope retainer agreement and a non-adversarial rhetorical model. Instead of each side trying to persuade the other of their own position, each side is tasked with learning and articulating the other side’s best case- to the other party’s complete satisfaction. This sets the table for productive, efficient, and conclusive client-to-client negotiations.
“Discourage litigation. Persuade your neighbors
to compromise whenever you can. Point out to them how the nominal winner is often a real loser
—in fees, expenses, and waste of time.”
- Abraham Lincoln -
This model is tried and tested: see Duncan's article in The American Journal of Construction Arbitration & ADR.