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 ...

Contract Provisions for the Lead Paint Law

Once a firm is certified and it has trained its workers, it has taken almost all of the necessary steps to stay in compliance with the Lead-Based Paint Renovation, Repair and Painting Program Rule. A contractor should try to protect himself as much as possible from potential claims against him for lead paint injury. One way to protect oneself is by inserting clauses into contracts that address the lead paint law. With homeowners, the contractor will want the homeowner to acknowledge he has received the information booklet, that the firm has shown the homeowner its certification, inquired whether there are children under six or pregnant women at the premises, and whether any children in the house have tested positive for high lead levels. General contractors will want indemnification clauses where there subs will pay for the costs of defense for any claims brought as a result of the subcontractor’s work. They should also make payment contingent upon following the lead containment procedures and maintaining proper documentation. Contractors are advised to consult with their insurance provider to determine whether they should purchase pollution insurance.

The EPA has quite a bit of helpful information on its website:

http://www.epa.gov/lead/pubs/renovation.htm

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