Find Mediators Near You:

What is Partnering?

Background

While implementing construction contracts, adversarial relationships between government

individuals and contractors have traditionally been a problem. Such relations lead to

unresolved conflicts, unnecessary delays, and even costly litigation — circumstances both

sides want to avoid.

One solution is Partnering: a structured approach to working together in the interest of a

project. The idea was first introduced in the Corps of Engineers by Dan Burns, former

chief of Construction Division in Alabama’s Mobile District (current chief of Construction,

Operations and Readiness Division at the Headquarters). It has quickly spread throughout

the public and private sector and has placed the Corps on the foreground of dispute

avoidance and resolution. While the concept was originally applied to construction

contracts, it is now being used to improve business relationships across the broad spectrum

of Corps work.

Key Points

    Partnering’s advantages

  • The primary aim of Partnering is to encourage a change from traditional adversarial

    relationships to achieve a cooperative, team approach and to avoid disputes. Partnering

    nurtures trust, open communication, collaborative problem- solving, equity, and a common

    vision.

  • The advantages are a marked decrease in litigation costs, financial and performance

    advantages as a result of teamwork, and greater job satisfaction. Partnering is also seen by

    many as a more ethical way of doing business.

    STEP 1: Partnering preparation

  • The concept is introduced to bidders, stressing a voluntary relationship designed to

    improve cooperation and communication.

  • Securing support and personal commitment of the top management from both the

    government and the contractor.

  • Next, leaders are identified to foster the new relationship. An effective program needs

    a top management person on both sides to instill the Partnering ethic throughout and a

    “managing partner” to nurture cooperation from the bottom up.

    STEP 2: A Joint Partnering Workshop

  • Key stakeholders attend — participants who have a vital interest in seeing the project

    succeed.

  • Neutral facilitators guide the participants to discover for themselves the benefits of

    cooperative action.

  • The workshop is used to develop team spirit, plot project goals, identify critical issues,

    develop dispute resolution methods, and get buy-in to the implementation plan. The

    workshop must strengthen the ability of participants to communicate as a team. Conflict

    management and problem- solving skills are included.

    STEP 3: Follow through

  • Regular follow-up meetings keep the Partnering agreements and goals on track.
  • The success of Partnering efforts are judged periodically with a jointly-developed

    evaluation form.

  • Other activities to enhance Partnering relationships include follow-up workshops,

    awards ceremonies, and debriefing sessions.

                        author

Managing Editor

Mediate.com In business since 1996, Mediate.com is the world’s leading mediation and dispute resolution website with over 7 million annual site visitors.  Mediate.com serves as a bridge between professionals offering dispute resolution services and individuals and businesses needing those services. Mediate.com was awarded the 2010 American Bar Association Institutional Problem Solver of… MORE >

Featured Members

ad
View all

Read these next

Category

California Courts Let You Have it Your Way: Arbitrate and Appeal the Award

When I ask litigators why they don't choose arbitration over litigation before unpredictable judges in a crowded court, their answer invariably is "because I can't appeal the ruling."   We cling to appellate...

By Victoria Pynchon
Category

A Surprisingly Effective Substitute for Unsolicited Advice

Want to break the advice-giving habit but aren’t sure what to do instead? Want someone else to stop giving you unsolicited advice all the time? Here’s a good question to...

By Tammy Lenski
Category

Lisa Parkinson: Divorce Cases that Perhaps Should Not Be Mediated – Video

Lisa Parkinson gives three contexts in which divorcing couples should not mediate.

By Lisa Parkinson
×