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 ...

How Insurance, Contracts Can Protect General Contractors from Liability Caused by Subs

Great article at: http://www.constructionweblinks.com/Resources/Industry_Reports__Newsletters/20090406/howi.html

on how GCs can protect themselves from liability caused by subcontractors.

(This article first appeared in the spring 2008 edition of The Brief, published by the American Bar Association, and was reprinted in the “Best of ABA Sections” issue of ABA’s GPSolo Magazine in September 2008.)

By Andrew M. Reidy and Seth Lamden Howrey LLP

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