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

Why Contractors Should Strive for Excellence

I have many clients who tell me that they've never been sued. If a problem develops, they work with their clients and try to resolve it. Working as a contractor who does new construction or remodeling has never been harder. Clients turn to the internet and believe they know how to do it faster, better and less expensively. They are savvy consumers who monitor time spent on the job and costs of materials.  Sometimes they work at home and keep close tabs on the work. The pressure on contractors is enormous, and in some cases, can make them discouraged and less motivated to do their best. Despite working in a stressful profession, contractors should always strive to do their best; even if the owner is very, very difficult.

The reason for this is simple. A contractor or construction company's reputation can make or break his business. I have had clients receive bad reviews on known websites and seen them severely damage their financial condition. Unfair as it may seem, once a bad review is posted, it is extremely difficult, if not impossible to remove. We all seem to remember the bad reviews even if there are numerous good ones.
Marketing literature says getting a new client is hard. It is much easier to get new business from an old client, so it is important to keep the relationship on good terms. In addition, most established businesses get their work through word-of-mouth. In that respect, you are only as good as your last job. References are everything.
On that note, the other day I heard a story that amazed me. As part of my practice, I coach my clients on how to deal with difficult clients. Some have had the door slammed in their faces, the locks changed, received nasty emails or been wrongfully terminated. One client was having repeated issues with a job, but he handled every insult with class and respect. He never challenged the owner head on, followed through with his promises and asked for payment nicely. Meanwhile, he never knew what was coming next.
Imagine his surprise when he overheard the owner telling a friend what a great job his company had done! After all his trouble, this same client was giving him an excellent review and the opportunity for future referrals. So, the next time you want to throw up your arms and walk off the job, keep this in mind. It is really worth it to always strive for excellence.


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