Presented at the American Bar Association Section of Dispute Resolution's Annual Spring Conference Legal Educator's Colloquium, April 21, 2012

1. Peter V. Arcese, Esq., MA, JD, LL.M
PVACounsel.com

2. • “Creativity, not money, is used to solve
Creativity problems.” -Robert Rodriguez
• “... you make a list of things you have
Mariachi- access to like cool cars, apartments,
horses, samurai swords and so on, and
style then write the screenplay based on that
list.” -Stu Maschwitz
Peter V. Arcese, Esq. / PVACounsel.com

3. • On location, no props
Video • Hand-held camera
• No special lighting
Audio • Never produced apart
from video
Action • Here & now
• No superficial action
Peter V. Arcese, Esq. / PVACounsel.com

4. Video helps you teach how to identify interests
• Patterns reveal heightened emotion (clue to needs)
• Patterns reveal subtext & action (clue to wants)
Video helps you teach how to time interventions
• Settlement happens one cognitive mode at a time
• Noticing when parties move into “present” perception and
introspection
• Settlement happens “now”
Peter V. Arcese, Esq. / PVACounsel.com

5. Patterned Language
Physical Emotional Intellectual
• Phanopoeia • Melopoeia • Logopoeia
• Image- • Music- • Idea-
making making making
Peter V. Arcese, Esq. / PVACounsel.com

6. Phanopoeia
• Listen for words that appeal to
the senses of
sight, sound, touch, taste, and
smell. Can you “picture it”?
Peter V. Arcese, Esq. / PVACounsel.com

7. Melopoeia
• Listen for the musicality of the
language. Are the vowels open &
long, or closed & short? Are the
consonants
plosives, dentals, fricative, nasals, or
liquids? Listen for
rhythm, pacing, cadence, repetition.
Peter V. Arcese, Esq. / PVACounsel.com

8. Logopoeia
• Listen for
grammar, syntax, diction, generalizations
, abstractions, ideas, figurative
language, “meaning.”
Peter V. Arcese, Esq. / PVACounsel.com

9. Revenge Discovery
Persuasion Escape
Peter V. Arcese, Esq. / PVACounsel.com

10. • “A clean shirt and a shine on his shoes”
Patterning • “Drain … draining … tremendous drain”
• Suddenly told … a drawback
• Sadness
Emotion • Pride
• Persuasion
Action • Asserting & affirming need for
status, competence, meaning, purpose
Peter V. Arcese, Esq. / PVACounsel.com

11. Retrospection Expectation
Perception
“what happened “what will
“I see, hear …”
to me” happen”
[past] NOW [future]
Assertion Introspection Judgment
“it goes without “what it feels “what it will
saying” like” mean to me”
Peter V. Arcese, Esq. / PVACounsel.com

12. NOW
Opportunity Settlement
Peter V. Arcese, Esq. / PVACounsel.com

13. • What do I need to know (about the past)
Retrospection • What did you hope to get (at that time)
• Why are you here today?
Perception • What is your goal? / What will it take?
• “Let me assure you”
• Why is time so important?
Judgment • We think it will result in our needing …
Peter V. Arcese, Esq. / PVACounsel.com

14. Peter V. Arcese, Esq. / PVACounsel.com