We all remember the famous “Greed is Good” speech from the movie Wall Street.
How do you not love this movie and this speech? But, is greed really good? Does, greed really clarify the essence of the evolutionary spirit?
When it comes to a dispute, sometimes–and most of the time–it is perhaps better to analyze the dispute from a big picture perspective in order to come a reasonable resolution. Yes, this reasonable resolution may not result in the resolution you ideally wanted, but it may potentially be the right resolution where greed and principle remain on the outside.
It is not always the best option to take a sophisticated or complicated dispute to trial. Sometimes, the parties are left with no choice–perhaps because the parties are allowing greed or principle to interfere with their business decision or what they perceive to be a reasonable resolution. This happens. That’s alright. There are times the parties are too far apart to resolve a dispute without trial. And, in my opinion, every dispute should be prepared with trial in mind because it is this preparation and understanding of the facts and required proof at trial that may help parties reach the reasonable resolution.
Trial is fun for the lawyers. But, trial takes the dispute out of the parties’ hands and puts the dispute in the hands of a trier of fact (judge or jury) that may not appreciate the facts or the intricacies of a complicated dispute, or a party’s position in a dispute. And, there is a winner and there is a loser (and, there are times all the parties lose)…and, then there is the appeal that further prolongs the outcome.
So, this brings us back to the question: Is greed good?
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