GETTING TO THE "R" IN ECAR

100 LEGAL MATTERS

75%

ECA

• SIMPLE conflict mgmt. process
• designed to facilitate
• a MORE INFORMED & EXPEDITED
• decision making process
• at an EARLY Stage

NOT
Exhaustive Analysis

Collect ESSENTIAL info
to Understand Basic
Strengths & Weakness
for EARLY Cost\Benefit ANALYSIS

THE BARRISTER VIEW

PERSUASION

The Art of Motivating
&
Moving People to Action

Advocacy is the Art

INTERGEN PRIMER

• Watch News that fits Views
• Vote for VIEWS, not Evidence
• We SEE what we BELIEVE
• Link trial to ATTITUDES BELIEFS
• WHO did WHAT to WHOM & WHY?

ADVOCACY FOR THE AGES

• Verdict=who they are talking about
• Create STORY (what happened?)
• We connect thru STORIES
• DISTORT & TWIST evidence to make consistent
• Tailor evidence to CONFORM with BELIEFS

Use Evidence to
JUSTIFY
Emotional Conclusions

Make JUDGMENTS in accord with our
BELIEFS & VALUES

"SIMPLICITY

LEVERAGE

FOCUS GROUP

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"Lagniappe"

Winning Case Plan
Based on

REALITY
&
Persuasion SCIENCE
…

ARBITRATORS' COMPLAINTS

• Case INCOHERENT-lawyers disorganized
• Presentation "sloppy" (evidence?)
• No FOCUS
• No underlying THEME
• Dx's no direction'; Cx's useless attacks

MORE COMPLAINTS

• Experts USELESS - just advocates
• Experts cause CONFUSION
• Witness statements all same
• We may know LAW but not case
• Prepare and PRESENT for judge\jury

MORE WANTS

• Use VISUALS to teach case
• CLARITY & CONCISENESS KEY
• Reduce case to simple STORY
• Arbitrations are exercises in PERSUASION
• SHOW, not Tell / Teach, not Preach

GETTING TO "YES"

• Separate the PEOPLE from the problem
• Focus on INTERESTS - not POSITIONS
• Invent OPTIONS for mutual gain
• Insist on OBJECTIVE criteria
• Delete "WIN" from the process

ADVOCACY

CONFLICT RESOLUTION

Negotiation
Mediation
Arbitration
Trial

GAME OF MUTUAL INFLUENCE & JOINT EFFORT IN PROBLEM SOLVING

NEGOTIATION STRATEGY

Parties MUST BELIEVE involved in Good Faith JOINT Effort in
PROBLEM SOLVING to
Get to "WIN-WIN"

ADVOCACY IN ACTION

• create STORY that manipulates facts positively
• creat CLEAR DISTINCT legal theme
• present with CLARITY COMPETENCE CONFIDENCE
• persuade through effective COMMUNICATION
• take CONTROL & COMMAND

KEYS TO PERSUASION

• Comes from the INSIDE
• Only RECEIVER's inner message counts
• Persuasion happens when receiver
• believes that the message being SENT
• is the is the very SAME message INSIDE

Persuasion Science

Manipulates the Receiver to Believe the Messsages are the SAME

and
Continuing the Conflict
will result in a LOSS

MOCK TRIAL

THANK YOU

AUDIENCE-CENTERED

Power of Social Influence

1. Reciprocity
2. Commitment
consistency
3. Social validation
4. Authority
5. Liking
6. Scarcity

PERSUASION REQUIRES

PERSUASIVE MESSAGE

PERSUASION HAPPENS

• When message sent
• matches message within
• Receiver believes
• the positions are aligned

PERSUASIVE MESSENGER

• Ethos
• Pathos
• Logos
• CONTROL & COMMAND
• Receiver-oriented

MEDIATION-GETTING VALUE

• Understand basic needs are
• most powerful human interests
• Good mediator id's needs &
• interests of all
• ASK WHY? WHY NOT?

MEDIATION ADVOCACY

• Story & Theme
• Control & Command
• Proactive not Reactive
• 3 S's
• Orchestrate

ADVOCATE'S MEDIATION

• Control 1st caucus
• Power opening
• Reasonable 1st offer
• Orchestrate
• Show Story\Theme is winner

ADVOCATE'S MEDIATION

• Deliver"alignment" message
• Show some agreement
• Verbally & Non-verbally show sameness
• Create perception that mediator aligned
• Practice active & critical listening

A = X+Y+Z

HANDLING THE INSUFFERABLY OBNOXIOUS

• Practice "self-control"
• Reurn to your Home Base
• Respond, not React
• Ask "Why"
• Goal -for opponent to take your view into account

HANDLE THE "OVERSTUFFED" MEDIATOR

• Remind that he is not there to judge
• Not there to give opinions
• Not there to split-the-baby
• Not there to beat down
• Not there to "force" a position

All Communication

Advocates never
TELL

Advocates never PREACH

Advocates never
TEST

PERSUADERS

SHOW not Tell

TEACH not Preach

TEXT not Test

"PEOPLE FORGET FACTS

"People forget what you say

People forget what
you did

People never forget how you made them FEEL"

STORY

• Involves
• Makes us care
• Shows
• Teaches
• Reveals underlies message & message giver

3 S's

Simple
Sincere
Succinct

ARBITRATOR-ORIENTED TRIAL

• Focused story & theme
• Succinct impact opening
• Directed Dx's
• Constructive Cx's
• Close that does not Argue

Tell the Story
Be a Believer
Pound the Bible
Be a Weaver

Ask some Questions
Point the Finger
Point out Failures
End with a ZINGER

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