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 mutually beneficial solutions.   It res

New Documentation Requirements for Contractors

The RRP Rule is changing so frequently that it must be staggering for contractors. A new regulation is being published to the Federal Register that will take affect 60 days after publication. Shawn McCadden has the full text of the rule here:


Basically, as of the date of the final invoice, or no later than 30 days after the completion of the renovation, the contractor must present the owner and/or occupants with documentation of the lead safe practices. The EPA has a Sample Renovation Recordkeeping Checklist that can be used for this purpose. In addition, if dust clearance testing is performed, then the owner and/or occupants must be presented with the dust wipe sampling report. I will report on this more once I become more familiar with this new amendment. I will also be drafting additional contract clauses to address this new rule.

Shawn's blog spells it out in detail, and his reporting is extremely comprehensive.

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