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 ...

Lead-Based Paint Renovation, Repair and Painting Law-Myth Busters

There is so much misinformation floating around about the law that is going into effect today; it is no wonder that contractors are confused. I will try to address some of the confusion that exists here in Massachusetts.

1. As of today, the Environmental Protection Agency is enforcing the lead paint law in Massachusetts. There is no grace period.

2. The opt-out provision for homes where there are no children under 6 or pregnant women is supposed to expire. That means there is no opt-out available for pre-1978 homes.

3. The state has published an emergency regulation to the central register as 454 CMR 22.00. The law went into effect on April 2nd, but the Division of Occupational Safety has not yet received approval from the EPA to take over enforcement and have the MA law supersede the federal law. The EPA requirement is that the MA law has to be at least as stringent as the federal law.

4. An emergency regulation expires 90 days after filing. (i.e. 90 days from April 2nd in this case.) Emergency regulations expire unless a public hearing is held and then the regulation is adopted prior to the 90 days.

So, as of now, contractors must comply with the EPA Rule. If, and when Massachusetts law takes over, I will inform my readers.

You can also learn more at http://www.shawnmccadden.com/rrpedia/

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