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 ...

The Owner-General Contractor Contract

Today I am going to start on series of posts on the Owner-GC contract. I am going to say something now that I do not normally say to my clients. If you are a contractor and you are undertaking projects, you should have an attorney write and/or review your contracts. I frequently tell my clients that they can proceed on their own with resolving disputes, etc. However, money spent now on a contract review can prevent thousands in legal fees later.

What is a contract? In a contract there is an offer (proposal), acceptance and consideration ($$ changing hands). A contract reflects a "meeting of the minds." A well-written contract addresses the issues that can arise and how they will be handled. As an arbitrator I know and respect stated, "A good contract is negotiated, signed and then sits on the shelf and collects dust."

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