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Persuade your neighbors
to compromise whenever they can. Point out to them that the nominal winner is a real loser in fees, expenses, and waste of
time. ~Abraham Lincoln DecisionOne can mediate conflicts of a wide variety. It has been used successfully
in various diverse arenas such as:
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Real Estate Matters Contract Disputes Landlord - Tenant Issues Property Line Disputes Riparian Rights (Water) Easements Fixture Disputes Closing Issues Lateral Support Rights to Sky/Depths
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Construction Disputes Construction
mediation is the fastest growing method for resolving construction disputes. Senate Bill No. 168 "The Right to Cure Law"
effective August 28, 2005 provides home owners and contractors the opportunity to resolve disputes informally through the
use of mediation. Building defects arising from construction or substantial remodeling of single and multi-unit residences
are covered by the law. This new law sets up a process of notice and response for such claims that is mandatory prior to filing
a lawsuit. The parties may engage in mediation prior to initiating litigation and may be required by contract to do so. The
provision, to be codified as RSMO 413.312, states that mediation will be "non-binding" and independently administered"
with a qualified and independent and neutral mediator. The parties shall equally share the cost of mediation. Confidentiality
provisions set forth in Supreme Court Rule 17 will apply if the parties set out their agreement to mediate in writing. A written
request for mediation requires a response within 14 days identifying the proposed mediator and mediation date. Mediation shall
take place within 45 days. Others may attend the mediation, but the Act does not require the participation of anyone other
than the contractor and the claimant(s). A mediated settlement operates as a release of claims described in the notice of
defect, and becomes effective when the agreed upon remedy has been finalized. The Association of Missouri Mediators is upgrading
its website to become a public resource for arranging mediation of home construction disputes and locating qualified mediators.
DecisionOne and Randy Hoerschgen are state certified as an approved mediator for dispute resolution of construction conflicts
and can be appointed by the courts or mutually agreed upon by the disputants.
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