When we think about business litigation, we groan at the thought of pretrial discovery. The dreaded request for “each and every document pertaining to” every possible issue in the case – followed by exhaustive and expensive searches for huge quantities of paper and electronic files and pitched courtroom battles over objections and the adequacy of production – are enough to make even the most passionate litigant think twice about whether any case is worth it.
It is often said that more than 90% of the documents and information produced in litigation discovery is never used in court at all.
Is there a better way? Yes! In the collaborative dispute resolution process, the parties focus on just what they need to make an informed decision about whether and how to settle. If the case involves a disagreement about the meaning of contract terms, they might ask for the negotiators’ working files. If it involves a warranty issue, they might ask for repair records. And they may arrange for a discussion – not a deposition – involving key witnesses, such as the sales manager and the purchasing agent, at a collaborative meeting so that the decision-makers can hear first-hand how the dispute arose.
Collaborative dispute process focuses on the specific information that the parties need to make informed decisions.
It is often said that more than 90% of the documents and information produced in litigation discovery is never used in court at all. By adopting a more targeted approach to gathering the key information, rather than the “shotgun” approach used in litigation, parties in collaborative business cases can avoid the clutter and focus on the issues that are key to an acceptable resolution.
Collaborative Business Dispute Resolution. It’s how you cut to the chase.
For more information, contact Anne Shuttee.