It is common that options for resolution are expressed as being either A or B, or X or Y, which in truth is very seldom if ever entirely valid, true, or correct.
It is also common or typical that expressing options for resolution as being either A or B, or X or Y is based on a story or a narrative that is incomplete (or that ignores or omits or fails to investigate and fully explore and establish facts), or that is argumentative, or that is misleading, or that is exaggerated or incorrect or concocted or false or even intentionally false or misleading, etc.
The parties may have reached a point where or at which resolution appears intractable based on their current positions and the supposed options that have been listed or identified, but as a general matter belief that reaching such would be an erroneous position.
Instead, it is just that the parties have not yet identified or are unwilling or not sufficiently motivated at that point to identify, develop, or meet positions or options of resolution or of at least partial or relatively small even itty-bitty positions or options of resolution including that might be on certain, or limited, or less than the entirety of matters or issues.
I am writing this post to encourage you – to prompt you – to think openly, creatively and constructively about positions and options that are or that might be available with respect to issues that you are dealing with or perhaps that you are simply reading about or viewing, and to not think in terms that while in part might be true are in fact limited, or erroneous, or not absolute. A risk management approach also would help.
Thus, the heading – additional options exist for solution, resolution, moving forward, mediation, negotiation, bargaining, success, and dispute resolution and settlement, etc.
Be the solution.
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Thank you for viewing this discussion. 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. If you are interested in discussing anything that I have said in the discussion above or in either of my two blogs (see blog addresses below), or if you simply want to reach out or are seeking assistance, it is best to reach me by email at dave@tateattorney.com.
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 (evaluative and facilitative):
- 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 does not mean that I do not or that I 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.
Business, trust, estate and elder abuse, and real property litigation, and contentious internal business, co-ownership, officer, director, board, audit and governance committee, conflict of interest, workplace, and administration and governance disputes, meetings and litigation; and mediator services. See also http://californiaestatetrust.com – probate, trust, estate and elder litigation. 