The Continuum

The above chart is a graphical representation of the dispute resolution options and how they compare in several areas.  Hostility level goes up as you move from the lower left, collaborative quadrant, to the upper right, adversarial quadrant.  Not surprisingly, the time and cost of the process goes up in the same transition.

There is also a comparison as far as the parties’ control over the process – maximum control is available for creativity and choice in the collaborative quadrant, and little or no control over the outcome when it becomes adversarial and there is a third party decision maker involved.

The collaborative quadrant also focuses on the relationships involved and hopefully can preserve and maintain communication and working relationships where ongoing engagement will be necessary. In environmental and construction disputes, maximum attention and effort must be applied to the collaborative process or you will pay the price in time and cost.