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 ...

Opting-Out of the Lead Paint Law is not an Option for Homeowners

Contractors should know that an opt-out provision will no longer be available, so homeowners cannot agree to waive their rights under the law. Even having homeowners certify that there are no pregnant women or children under 6 in the facility may not provide full-proof protection against a future claim. For that reason, contractors should do some due diligence of their own and document all steps taken in order to stay in compliance with the law. If the work is going to be done on a post 1978 home, the contractor will want to obtain independent confirmation from the town or registry of deeds that the house was really built at that time. If there are no children present, the contractor should be on the alert for children who may appear regularly at the premises and issue a “change work order” if the children are there frequently enough to activate the requirements of the rule. Finally, if there are females who could be pregnant who frequent the household, the contractor might want to be better safe than sorry and follow the containment procedures.

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