winning persuasion: three steps to enhanced advocacy—step

Wednesday, October 24, 2018 Noon–1 p.m.

1 General CLE credit

Winning Persuasion: Three Steps to Enhanced Advocacy—Step 2: Proficient Problem Solving

iiWinning Persuasion: Three Steps to Enhanced Advocacy—Step 2: Proficient Problem Solving

WINNING PERSUASION: THREE STEPS TO ENHANCED ADVOCACY—STEP 2: PROFICIENT PROBLEM SOLVING

The materials and forms in this manual are published by the Oregon State Bar exclusively for the use of attorneys. Neither the Oregon State Bar nor the contributors make either express or implied warranties in regard to the use of the materials and/or forms. Each attorney must depend on his or her own knowledge of the law and expertise in the use or modification of these materials.

Copyright © 2018

OREGON STATE BAR16037 SW Upper Boones Ferry Road

P.O. Box 231935Tigard, OR 97281-1935

iiiWinning Persuasion: Three Steps to Enhanced Advocacy—Step 2: Proficient Problem Solving

TABLE OF CONTENTS

Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

Faculty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

Presentation Slides: Proficient Problem Solving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Problem Solving Exercise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

ivWinning Persuasion: Three Steps to Enhanced Advocacy—Step 2: Proficient Problem Solving

vWinning Persuasion: Three Steps to Enhanced Advocacy—Step 2: Proficient Problem Solving

SCHEDULE

Presented by Nancy Neal Yeend, TES: The End Strategy, Portland

11:30 Registration

Noon Step 2: Proficient Problem Solving

Understand the critical elements used to assess problems and increase your ability to find solutions. Learn the differences between decision criteria used by lawyers versus those used by clients to result in more effective representation.

1:00 Adjourn

FACULTY

Nancy Neal Yeend, TES: The End Strategy, Portland. Ms. Yeend is a nationally recognized dispute management strategist and mediator. As a strategist, she has designed court-connect mediation programs, including Maryland’s first appellate mediation program, and she evaluates existing court ADR programs. As a mediator, Ms. Yeend handles real estate, employment, partnership, and related business cases. She served on California’s First and Third District Courts of Appeal Mediation Panels and cofounded Silicon Valley Mediation Group. She has served as faculty at the National Judicial College for 25 years and trained over 6,000 mediators nationally. In addition to writing many articles, her publishing credits include what some consider the seminal study of appellate ADR in state courts, State Appellate ADR: National Survey and Use Analysis with Implementation Guidelines (2d ed. 2002).

viWinning Persuasion: Three Steps to Enhanced Advocacy—Step 2: Proficient Problem Solving

1Winning Persuasion: Three Steps to Enhanced Advocacy—Step 2: Proficient Problem Solving

Proficient Problem Solving

WithNancy Neal Yeend

CopyrightThese materials, Proficient Problem Solving, were

designed and developed by Nancy Neal Yeend for the Oregon State Bar's Lunch and Learn Series. All materials, including the PowerPoint, text and handouts, are intended to support the lecture and exercises for this presentation. No part of these materials may be circulated, reproduced, transmitted, or distributed for any purpose, in any form or by any means, electronic or mechanical, including photocopying or scanning, without the express written permission of the copyright holder.


ObjectivesAfter this session, you will be able to• Recognize the elements of problem

solving process & decision-making;• Identify problem solving techniques

for resolving difficult issues; and• Apply these principles to enhance

your legal practice.

Problem Articulation W-I-N Method

• Wants: quick fix solution, which do not identify the problem.

• Is: facts and perceptions as each person sees them.

• Needs: interests and basic human essentials.


Example

* Want: “I want a $1,000,000.”* Is: How they view the situation. Fact:

they were fired. Perception: They did nothing wrong.

* Need: Ego need? Form of punishment? Economic/financial?

Framework

Want Is Need


Artist Analysis

Publisher Analysis


What Did You Notice?What did you notice about

WantsIs

NeedsWhat where the differences, and where

were there similarities.

Decision-Making CriteriaCriteria are those factors that must be

met for someone to accept an offer.Examples

Attorneys: law, confidentiality, cost, etc.Clients: financial, custom or tradition,

finality, recognition, prevention, maintain a relationship, etc.


Self-AssessmentCan you think of situations where this

technique would be helpful, and if so under what circumstances?

Can you think of anything you might need to do to modify the process?

ConclusionUsing a technique to focus people will

help you better represent clients and find solutions.

The technique can be used in direct negotiations with other counsel.

Once “needs” are known, it is easier to persuade people.


Thank You!

Nancy Neal [email protected]

The End Strategy


© 2018, NANCY NEAL YEEND. EXERCISE

PROBLEM SOLVING EXERCISE DIRECTIONS: Think of a situation where individuals are at odds with one another, and using this form, identify points of disagreement, and then find if they share similar needs, or where there may be common ground and even areas of actual agreement.

PARTY 1: ___________

WANT IS NEED

PARTY 2: ____________

WANT IS NEED

ADDITIONAL THOUGHTS/IDEAS


© 2018, NANCY NEAL YEEND. EXERCISE

DECISION-MAKING CRITERIA EXERCISE

DEFINITION: Criteria1 are the factors or standards that are used to determine if an offer is acceptable, or which identify basic interests or needs of a negotiator. Criteria may be used as the checklist for constructing the specific terms of a proposal or settlement. EXAMPLE: If you decide to buy a computer, you use criteria to determine which features best meet your needs. Questions you ask yourself may include: Do I want a laptop or desktop? What size memory does the computer need? What software is included? The criteria that are implicit in the preceding questions include brand or model, memory and economics. You will buy the computer that meets your decision-making criteria. EXERCISE: List the typical criteria that your clients will use to make a decision. The type of case will influence criteria: family, employment, personal injury, intellectual property, construction, etc. Remember that client and counsel criteria may not be the same. TYPICAL CRITERIA: 1.

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1 The Merriam-Webster Dictionary, 2012, defines criterion (singular) as “A standard on which a judgment or decision may be based.”

winning persuasion: three steps to enhanced advocacy—step

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