Litigation-I Win, You Lose vs. Mediation-Win/Win

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  Litigation is a zero-sum game.  It destroys relationships and fosters enmity between the parties.  Parties rarely walk away happy.  Even if they win, the expense of litigation is enormous, and collecting on judgments is difficult. Disputes ultimately resolve, but the focus on winning at any cost can lead to prolonged legal battles.  Living with a lawsuit causes ongoing stress, which can distract you from your business and even have an effect on your health. In a courtroom, the final decision lies with a judge or jury who may not fully grasp the complexities of the case. Parties relinquish control over the outcome, potentially leaving them dissatisfied with the final judgment. Mediation has the opposite effect.   Rather than polarizing people, it enables the parties to attack the issues and not each other.     The process promotes open communication, collaboration and problem-solving, which enables parties to actively participate in crafting ...

My New Blog-Massachusetts Builders Blog

Welcome to the Massachusetts Builders Blog. I have had another blog, Homeowner vs. Home Contractor, that deals exclusively with the renovation process for two years. There have been many topics that I have wanted to cover concerning the construction industry, but they did not fall within the purview of a blog about remodeling. This blog will be much broader, and cover such topics as mechanic's liens, construction contracts, general contractor-subcontractor relations, green construction, etc. I hope to have guest bloggers speak about land use issues, zoning, OSHA, construction accidents and accident prevention, as well as insurance coverage and the bidding process. Please feel free to comment and ask questions. I would like to see this blog develop as an ongoing conversation about construction in Massachusetts.

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