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 ...

Massachusetts Lead Law Takes Over

Massachusetts just announced that it is taking over enforcement of the Lead Law 454 CMR 22, as of today. I know what I'll be reading this weekend!  I am going to be posting about the differences between the MA law and the federal Renovation, Repair and Painting Rule.  Here's the official state announcement:






Lead Renovation, Repair and Painting Rule (RRP Rule)

Effective July 9, 2010, the Division of Occupational Safety promulgated amendments to 454 CMR 22.00 (Deleading and Lead-Safe Renovation), and, in conjunction with the Executive Office for Administration and Finance, amendments to 801 CMR 4.02 454 (16) and (18) (Licensing Fees for Lead-Safe Renovation Contractors and Lead-Safe Renovator Training Providers).  The amended version of 454 CMR 22.00 can be viewed by clicking HERE PDF.  The amendments to 801 CMR 4.02 454 (16) and (18) change the licensing fee and surcharges for Lead-Safe Renovation Contractors from $575 for a one-year license to $375 for a five-year license, and waive the $1,775 annual fee for Lead-Safe Renovator Training Providers if they are a State, federally recognized Indian Tribe, local government or non-profit organization.

These amendments, which establish safety standards for renovation, repair and painting work that disturbs lead paint in target housing and child-occupied facilities built before 1978, parallel similar federal EPA requirements that became effective on April 22, 2010 under the “Renovation, Repair and Painting Rule” (RRP Rule), 40 CFR 745.80-92. The amendments to 454 CMR 22.00 are designed to be as protective of human health and the environment as the federal standard.  Effective July 9, 2010, DOS received authorization from EPA to administer and enforce the lead safety standards for renovation, repair and painting work set forth in 454 CMR 22.00, in lieu of the federal standard being enforced by EPA in Massachusetts.

  • View or print lead license applications by clicking HERE.

  • View RRP-related FREQUENTLY ASKED QUESTIONS by clicking HERE. 


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