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 ...

Ten Common Mistakes When Recording Mechanic's Liens

http://www.constructionlawnews.com/BlogEntry.aspx?_entry=828353a0-931d-4628-a858-0378b5f63284&RSS=true

This post is quite informative but not completely accurate for Massachusetts. It is quite dangerous to wait until the last minute to file a lien, as the article says, because a mistake in filing can be fatal.

In MA, unlicensed contractors can file liens. They just have to have a written contract with the GC or owner.

Suit has to be filed within 90 days after the filing of the lien, and an attested copy of the complaint has to be filed at the registry of deeds within 30 days after filing suit.

I have never heard of a lien being invalidated because the amount owed was "too high."

In any event, this is a good article with important information, particularly with regard to the ownership of the property.

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