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 ...

LEED to Become More Stringent

http://southeast.construction.com/features/2009/1101_GreenDesignAndConstruction-1.asp#

This post is a good follow-up to my recent webinar for Professional Builder Magazine, "Legally Green: Deliver the Green You Promise." It discusses the latest requirement for LEED, which includes providing water and energy-usage data for five years after the building is complete. It means that a building could face de-certification.

From a legal standpoint, this could be a nightmare. Who would be liable? What sort of guarantees are now going to be required from contractors and construction companies? What about those who provide subsequent repairs and maintenance? The issues regarding causation alone could result in years of litigation.

I am going to be publishing a series of blog posts from my presentation that will elaborate on these issues, but I can't help wondering whether the powers that be should be planning more carefully before imposing these restrictions.

This kind of stringent requirement could result in builders pursuing other green certification programs and avoiding LEED altogether.

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