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

Energy, Post-Occupancy and Codes-Where is LEED Going?

This post at the Virginia Real Estate, Land Use & Construction Law Blog raises a number of the issues about LEED that I have been speaking about for a while. Is LEED going to win out, or will other green regulations take precedence? What is going to happen when buildings start getting decertified? What about evaluation of building performance?

Finally, you may ask why I post so much about green construction. The reason is it is not only the wave of the future, it is now. Even the White House is moving towards LEED certification. Builders who ignore developments in green building are keeping their heads in the sand.

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