I considered writing a longer discussion explaining my reason for this post, but then decided otherwise as a short comment should suffice.
We are at, and have been at, a point where some people are having difficulty engaging in discourse, discussions and debate about pressing and sometimes very difficult issues, topics and disagreements, and, making matters worse or more difficult, some people are using this scenario to create divisions, or for power and control, or to encourage ongoing delay and deadlock, or to avoid, or to make, options, compromise or working together, and solutions more difficult, delayed or impossible to achieve.
A constructive, conscious decision and movement is needed to encourage the pendulum to swing back in the other direction when people are constructively interacting, discussing, debating and even proclaiming.
To be clear, I am not advocating for or even suggesting limitations on discourse, debate and disagreement – instead, I am advocating for just the opposite and for more debate and openness, just in a different manner, and for people to learn and to recognize when the discourse, debate and disagreement is based on or turns into fallacies, errors or mistakes, generalities, personal attacks or branding, or misrepresentations and even fraud – if you take notice, you might well see some of these daily – these situations seem to be feeding on themselves, and need to be constructively encouraged in the other direction.
Taking a risk management approach or process would help to focus on the issues at hand, possible options and solutions. It is my belief that taking a risk management approach or process is the only solution in some or perhaps many of these situations. Unfortunately, as an argument in opposition, by some people an effort toward a risk management approach or process would be labeled or branded as surrender or capitulation (hint: nothing in a risk management approach or process says surrender or capitulate – instead, strength always is or can be advantageous). The following is a slide for one possible risk and uncertainty management process approach – you might find it useful, or at least worthwhile for discussion purposes.
I have also provided below my slightly revised definition of governance slide.
I have also provided below Questions to Consider to Help Facilitate Dispute Resolution and Settlement – I hope that you find it helpful.
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Regards, and best to you,
David Tate, Esq.
Thank you for reading. Please do pass this blog and blog post and information to other people who would be interested as it is only through collaboration and sharing that great things and success are more quickly achieved.
David Tate, Esq. (and inactive CPA)
- Business litigation and disputes – business, breach of contract/commercial, co-owners, shareholders, investors, founders, workplace and employment, environmental, D&O, governance, boards and committees.
- Trust, estate and probate court litigation and disputes – trust, estate, probate, elder and dependent abuse, conservatorship, POA, real property, mental health and care, mental capacity, undue influence, conflicts of interest, and contentious administrations.
- Governance, boards, audit and governance committees, investigations, auditing, ESG, etc.
- Mediator and facilitating dispute resolution:
- Trust, estate, probate, conservatorship, elder and dependent abuse, etc.
- Business, breach of contract/commercial, owner, shareholder, investor, etc.
- D&O, board, audit and governance committee, accountant and CPA related.
- Other: workplace and employment, environmental, trade secret.
Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation, or as or for my opinions and views on the subject matter.
Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that doesn’t mean that I don’t or might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.
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My two blogs are:
http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com
Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com
David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.