1. Alignment Partnering: A “Re-organizational” Approach To Manage Conflict on Construction Projects
“Outside the Box” Conference
Straus Institute for Dispute Resolution
Pepperdine University
April 7, 2011
Kurt Dettman
Bill Baker

2. Thinking Outside the Box on Construction ADR
Are we spending too much time on resolution vs. prevention?
Are we using “boiler plate” approaches vs. “Fitting the Form to the Fuss” ?
Are we treating the symptoms, but not the disease?

3. Construction Projects: A Crucible of Conflict
Conflict management “root cause analysis”
Typical Sources of Conflict:
Delivery Methods
Allocation of Risk
“Silos” Management Structures
Inherently Risky Projects
Risk Shedding

4. ADR Continuum Partnering Low Cost Resolution High Cost Resolution
Unassisted Negotiations
Structured Negotiations
Partnering
Facilitation
Conciliation
Early Neutral Evaluation
Joint Experts
Expert Determination
Less Control More Control
Dispute Review Board
Mediation
Mini-Trial
Arbitration
Litigation
Court Special Master
Court Settlement Conference
Bench Trial
Jury Trial
ADR Continuum

6. Traditional Partnering vs. Alignment Partnering
Behavior focused (“can’t we just be friends?”)
Often one-time (“ok, we’re done, let’s get back to real work”)
Candle lighting ceremony vs. true changes in thinking and approach

7. Traditional Partnering vs. Alignment Partnering
Collaborative definition of goals
Specific steps/metrics to get there
Re-organizational approach
Project duration w/ feedback loops

8. Typical Organization: Silo to Silo Interaction
Communication
PM/CM

9. Organizational Re-Alignment

10. Specific Tools to Manage Conflict
Collaboration as a key team goal
Open communication lines
Timely raising of issues
Structured negotiation process
“Real Time” issue resolution ladders
Senior management involvement
“Partnering Coach”

11. Construction Industry Changes Are “Forcing” Collaboration
Loss of Productivity/Economic Necessity
New Delivery Approaches—Alliancing Model
New Technology—Building Information Modeling
New Construction Management Tools—”Lean” Principles

12. Holistic Approach to Manage Conflict
Conflict Management Systems
Contract Terms
Delivery Approaches

13. Thinking Outside The Box Take Aways
Define trust and collaboration as the bedrock of the relationship, not legal rights and responsibilities
Plan for the best, not the worst
Re-align management responsibilities across contractual silos
Implement “Project First” thinking

14. REFLECTIONS?