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Showing posts from August, 2015

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 ...
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The Importance of a Good Beginning and End to a Construction Project

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“Light At The End Of The Tunnel” by Sura Nualpradid from freedigitalphotos.net My husband, who is a very smart guy, made a very wise observation last week. He said, "It seems to me that most of the problems with construction projects occur when a job is first starting, or at the end." I thought about it and realized that he is absolutely right. A project can go along smoothly, but then problems occur at the end that leave everyone with a negative impression of the experience. I think about my most recent client, who spent over one million dollars renovating his house. He and the contractor are in a dispute about the last $6000.00. I have not made a mistake with the zeros. So, for contractors and construction companies, I offer the following advice: 1. Tell your clients at the beginning if you are finishing up another job. Let them know that you will be starting at a slower pace in order to do justice to the previous project. Promise them that you will afford them t...
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