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Thinking Outside the Box: Re-organizational Approach to Manage Conflict on Construction Projects

This conference discusses the need for a new approach to conflict management in construction projects, moving away from traditional methods and focusing on collaboration and re-alignment. It explores typical sources of conflict and presents various tools and strategies to effectively address them. The conference emphasizes the importance of trust, open communication, and a "Project First" mindset in order to successfully manage conflict in construction projects.

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Thinking Outside the Box: Re-organizational Approach to Manage Conflict on Construction Projects

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

  5. Traditional Partnering vs. Alignment Partnering • Traditional 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

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

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

  8. Organizational Re-Alignment

  9. 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”

  10. 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

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

  12. 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

  13. REFLECTIONS?

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