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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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Why You Should Find a Mentor in Construction

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I represent many, many contractors and construction companies.  Some have never been sued or seen the inside of a courtroom over the life of their business.  Others have had more than one dispute and seem to be fending off attacks on a regular basis.  Owning a construction business is about more than being a skilled contractor.  It's also about running a business. In law, a coach once told me there were three aspects to running a law firm: finding, minding and grinding.  In other words, you have to find the clients.  That involves marketing, networking, word of mouth, advertising, you name it.  Minding is running the business.  There's the accounting, employee management and interaction with clients.  Finally, there's doing the work. The reality is, no one can be an expert in every aspect of a business.  So, do an honest self-assessment, or have a "retreat" with your team.  What are your goals? Where are you succeeding?  Wh...
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