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 Green Contract with the Consumer

1. Contract with Consumer

    1. Include type of certification sought and appendix with all requirements.
    2. Have consumer initial all pages and sign off.
    3. Do not promise what you can’t deliver.
    4. Installation is on builder but can have indemnity agreement with subcontractor.
    5. Failure to install properly can invalidate manufacturer’s warranties.
    6. Designate who is responsible for rebates
    7. Can always provide a warranty for your workmanship.
    8. Include suggested guidelines for performance, but do not guarantee performance.
    9. Spell out homeowner’s responsibilities to ensure performance.
    10. Include change orders for a greater than ten percent increase in the cost of materials.
    11. Include the right to substitute like materials if a given item is no longer available.

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