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Show . Business A-I5 BUSINESS EDITOR Bruce Lewis 649-90 1 4, ext 1 13 WEDNESDAY, JULY 16, 1997 o THE PARK RECORD Chip Shots A: by Bruce Lewis OF THE RECORD STAFF Who's out of step here: me or Microsoft? Microsoft took Internet connectivity to a new high when it released Office 97, its suite of business applications aimed at corporate America (and sundry foreign for-eign countries, too). Each application in Office is, to use Microsoft's marketing term, "Internet enabled." Click on a certain button on the button but-ton bar of any Office application, and it activates your communications program, pro-gram, connects to the Internet and seeks out the Web page you (or it) specifies. And it seems that, since Microsoft started it, most of the other larger software soft-ware producers are heading down the same road. The cost of this, aside from the dollar amount of adding this particular set of bells and whistles, comes in both wasted code overhead and bloated program software. A full-up installation of Office 97 will need more than 150 megabytes of your hard drive, and I'll bet more than 10 percent of the total goes right to Internet-enabling subroutines and capabilities capa-bilities in the individual programs. I'm not so sure this trend is one that most customers can use to the extent that Microsoft seems to believe. Of course, much of Office 97 has been developed by people who work in offices where a T-l data line is considered consid-ered slow. The communications capabilities capabil-ities of Microsoft's Redmond, Wash., headquarters put those of NASA to shame. Developers and code-writers spend all day tied into a corporate network, net-work, with Internet connectivity up and running all the time. Jumping on the 'Net is no large leap to themr-it's more of an extension of their computer's desktop desk-top metaphor. Their frame of mind is understandable, if somewhat out of step with many American computer users. While Microsoft markets extensively to big corporate clients, where a single sale can mean thousands of copies purchased, pur-chased, the bulk of software suite sales are actually purchased for SOHO small officehome office use. Some surveys put the SOHO market at better than 60 percent of the total office productivity pro-ductivity products purchased. Most of us in the SOHO market aren't connected to the Internet all the time we're in the office. We have to dial-in dial-in through our Internet service provider, and wait for the connection to be completed com-pleted because our computer is tied up whenever the modem is in the act of dialing and performing the needed electronic elec-tronic handshakes. Once we're connected, we live with 28.8kbps connections most of the time, 56k if we're lucky, and if we're truly blessed, a 128k ISDN line terminates in our PC's. Many of us have learned to toggle the "graphics enabled" switch off in the options on our Web browser because graphics-intensive pages can be a minutes-long wait to come up. We just don't have the time to mess with it. The unfortunate part of all this is that Microsoft doesn't really provide an alternative to the Internet capability bloat. Please see Internet, A-1 6 '4'i 1 (Rue Gamekeeper's Grille is happy to present its long awaited 2 for 1 locals special Please present this coupon upon arrival to receive 2 entrees for the price of I of equal or lesser value. Not valid with any other coupons Offer expires 93097 Reservations: 647-0327 508 MAIN STREET, PARK CITY Businesses Mediation and arbitration by Bruce Lewis OF THE RECORD STAFF Suing or being sued by someone? Contemplating legal action because of a problem? According to Paul Sincock, city councilman for Park City and state-certified state-certified mediator, there are two lower-cost lower-cost alternatives to an expensive lawsuit: mediation and arbitration. Sincock, speaking at last week's meeting meet-ing of the Summit County Homebuilder's Association, said that almost all disputes, especially on construction projects, arise from poor communication between the parties involved. "In the construction industry, practices prac-tices have remained the same over the past 20 or 25 years." said Sincock, who has been involved since his college days as an architectural student. "Individual methods have been changed and updated, updat-ed, but it's still a tremendously involved coordination effort to build a home or commercial building." Communications problems usually arise, Sincock said, when modifications are requested by the owner as a new structure is under construction, when the builder encounters an unexpected obstacle obsta-cle such as rock where a foundation needs to be poured, or when sub-contractors' costs and prices change. Problems can arise if all parties are not fully aware of the change and the impacts of the change. "Good contractors document, document, docu-ment, document," he said. "They talk constantly wilh the owners, and they inform the owners of the anticipated costs of changes or surmounting problems." prob-lems." Sincock strongly suggested that anyone any-one involved with building keep a log of phone calls and changes, and follow-up with written confirmation of the changes and impacts. The confirmation should always include an estimated cost involved, if any. and the impact on things such as anticipated completion date for the project. When problems do arise which the parties can't resolve on their own, Sincock said, there are a number of ways to resolve it. A suit in court is probably the best-known and often most expensive expen-sive route taken. "It can two or more years to get a court date and get the issue resolved." Sincock said, "All parties in the suit usually usu-ally end up with large legal bills, sometimes some-times more that what the eventual settlement settle-ment turns out to be." He said that projects are often stalled during the wait for a court date, tying up both the owner's money and the contractor's contrac-tor's investment in the project until a decision is rendered by a court. Sincock suggested that the contractors in attendance add a standard clause to their contracts, calling for mediation or arbitration as the first step in the case of disputes, before going to court. Mediation is the least-formal method of resolving disputes, Sincock said. It involves all parties involved sitting down with a neutral professional mediator who is trained in the process. After each party presents his side of the dispute, the parties par-ties retire to separate rooms and the mediator shuttles between them, trying to broker a compromise. If a compromise is agreed upon by all Stock Performance Name 714 710 Name 714 710 Name 714 710 Name 714 710 ALTAGLD 1.94 1.97 DYNATEC 9.00 10.50 IONLASER 7.37 7.94 SIMONTRK 20.50 20.00 AMSTORES 53.00 51.87 EFIELEC 1.87 1.87 LARDAVIS 8.75 7.87 SKYWEST 16.50 17.00 ANESTACP 17.25 17.37 EQUITYOL 3.56 3.50 MARKERIN 4.00 3.87 SMITHSFD 59.62 56.50 BALLARDM 19.87 20.00 EVANSSUT 27.25 27 5 MERITMED 7.56 7.37 SOSSTAFF 15.50 15.12 BIOMUNE .50 .47 FIRSECCP 27.06 27.06 MITYLITE 14.00 13.87 SOWSTAIR 26.19 26.75 CENTMINE .59 .63 FRNKCOVEY 27.94 27.88 MONROC 10.75 10.50 SUMITFAM 4.62 4.62 CROWNENG .75 .81 GENVSTL 2.75 2.69 NATRSUN 19.62 19.37 4HEALTH 5.50 6.00 COVOLTEC 7.13 7.00 GULLLABS 9.75 9.94 NOVELL 6.72 6.75 TELSCORP .28 .28 CYCL03PS .78 .84 INTRLNRE .50 .56 PSTVANS 3.25 3.44 THERATEC 10.81 10.56 DAWTECH 2.31 2.34 INTLAUTS 3.37 3.62 QUESTAR 41.06 42.31 THIOKOL 73.37 72.75 DELTAAIR 82.00 84.00 IOMEGACP 21.75 20.56 BAXTER 58.50 57.50 UTDPKMIN 23.75 23.62 Lift-Master Call 1 WE find alternatives to lawsuits, courts can be cheaper option , parties, a legal agreement is drawn up and all parties sign it. Only then does the agreement become legally binding. No agreement, no binding decision; and the parties are obligated only to split the cost of hiring the mediator, usually a few hundred hun-dred dollars. The mediator is sworn to secrecy, arid can only reveal to other parties what each side specifically authorizes. After the mediation, the mediator destroys all notes and maintains confidentiality, he said. "Mediation can be a 'win-win' for all parties," Sincock said. "The process is fast, and the parties still have the option of going to court if a compromise cannot be reached." Arbitration comes in two "flavors:" binding and non-binding, and is a more formal process overall. An arbitration session takes on many of the appearances of a trial in court, with each side presenting his case to an arbitrator. The rules of evidence are the same as in a court case, and the arbitrator arbitra-tor has the power to subpoena witnesses and technical experts. Once the case is presented to the arbitrator, arbi-trator, he makes a decision, much as The disruption s almost over S 4 MITSUBJSHITVX & item;'' r ?A:l;A rss; ill m ' mm:- - ..... -"toOi : SCOTT SNEJPARK RECORD Construction work on the sewer lines under Park Avenue and Deer Valley Drive Is almost completed, according accord-ing to Rex Ausburn, Snyderville Basin Sewer Improvement district general manager, and traffic headed for Deer Valley and Old Town will move more freely. The open trenches and heavy machinery in the middle of the road should be a thing of the past by the end of the week, Ausburn said, as the contractor works on final sewer connections. con-nections. He said the contractor is almost two weeks ahead of schedule in completing the job. The Utah Department of Transportation has scheduled Park Avenue and Deer Valley Drive for pavement overlays later this summer, following completion of the sewer line improvements. We are in Park City at least 3 days a week GARAGE DOOR OPENERS JULY SALE V2 H.R OPENER 2 TRANSMITTERS COMPLETE & INSTALLED MODEL 12SS 25 The? Professional Unm lu. Included -800-365-2 1 44 or in SLC 975-7575 ARE DOOR SPECIALISTS! would a judge or jury in a court trial. Binding arbitration decisions can only be appealed on a procedural basis; that is, if the parties believe that the arbitrator's application of the process was flawed. Just as a decision rendered at the end of a court case is binding, the arbitrator's decision is binding upon the parties if the process was agreed-upon beforehand as binding arbitration. Otherwise, the decision deci-sion is not binding unless all parties agree to accept the arbitrator's decision. Sincock said that mediation and arbitration arbi-tration offer several advantages, chief among them being time and expense. "In a mediation, the disputing parties can have a decision within 60 to 90 days, far faster than going through the court process," he said. "You get the dispute resolved quickly, without holding things up for long periods." Arbitration usually takes somewhat longer since preparation mirrors the preparation needed for a trial, but is still faster than getting a court date. Expenses for arbitration or mediation are usually lower for all parties, who agree to split the cost of the professional mediator, Sincock said. "Mediation, especially, can be useful if a case ultimately goes to court," Sincock said, "because the questions and Utah company stock performance for July 10 - 14, 1997! Home Office Design Specialist When it comes to designing a home office, most furniture and office supply sup-ply stores don't have a clue about the organizational needs of a modern virtual office. For the latest solutions to some very complex problems, see the specialists at Home Office Solutions... the leader in innovative, value priced home office furniture. See why our success is in the details. A The Lonaleaf Group, Inc." Home1 Office Solutions" AT m 647-9482 1-888-647-9482 P.O. BOX 680908, PARK CITY, UT 84068 FAX: 801-647-9492 email: jcolburnxmission.com Visit our web site http:wwv.citysearch.comSLCHomeOFFSolution answers discussed can be a vital part of the 'discovery' process used to prepare for a court case." He added that the discovery dis-covery phase of a lawsuit can be the most expensive because attorneys spend much of their preparatory time requesting request-ing documents and expert testimony, and digesting the impact on their side of the case. "It's a mutual-agreement process." he said. "All parties 'buy in' to the concept of mediation, and all parties have a stake in the result of the process." Mediation, being less formal, involves much less preparation by attorneys (who usually charge an hourly rate), and parties par-ties often represent themselves rather than using an attorney. "A mediator who has experience in the area of dispute such as construction construc-tion can often cut to the heart of the dispute and understand the problems quickly." said Sincock. "Construction problems are often highly technical, and court judges can get lost in the details." Sincock is both mediator and subject-matter subject-matter expert on construction methods. He spent a week on the witness stand last year, testifying in a Federal court trial in Las Vegas on methods used in construction of the MGM Grand hotel on the Strip. 710 Name 714 710 UTAHMED ZIONBKCP 7.81 35.31 7.75 36.00 " Dow Jones Averages; 30 INDUS 7922.98 7886.76 20 TRANS 2801.29 2812.21 15UTILS 232.63 232.10 This Utah stock report is provided by Derrbx Reeves of Paulson Investment Co., Park City. Oak choice of 8 stains Select from 12 combinations Line-bored for hidden cabling Modular for future expansion Adjustable pull out keyboard Neutral design to fit with existing furnishings All computer components within arms reach Huge work space for those large projects Quality built by local craftsmen Matching Open back Bookcases available |
