National Disability Rights Network 2017 slides

Presentation on Structured Negotiation, a dispute resolution process that avoids the expense and conflict of lawsuits.

Law

Structured Negotiation, a
Winning Strategy for Disability
Rights
~~~
NDRN National Conference
Lainey Feingold |@LFLegal
LFLegal.com | 06.14.2017
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Speaker Info
LFLegal.com
Agreemnts
Press
Releases
Updates
Email List
LFLegal.com/book
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Overview
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

What is Structured
Negotiation?
Lawsuit
Alternative
20+ year track
record
Cost Effective
Relationship-
building
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

A Tool in the
Advocate’s Toolbox
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

When all you have…
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Why Structured?
Opening Letter
Ground Rules
Share
Information
Expertise
Written
Agreement
Monitoring
Media Strategy
Mindset
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

What kinds of cases?
Talking ATMs
Web, mobile access
Talking prescription
labels
APS, movies,
hospitals
$$ + Injunctive
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

What kinds of companies?
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

And government agencies
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

By the Numbers
(Agreements)
20 Talking ATM
 20+ Web Mobile
 14+ Alternative
Formats
11 Tactile POS
1 Audio
Description
 3 Health Care
6 Talking
Prescription
Labels
1 Audible
Pedestrian Signal
+++
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

By the Numbers
(Technology)
Thousands of . . . .
 Talking ATMs
 Tactile Keypads
 Accessible web pages
 Mobile app screens
 APS
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Even More Numbers
 Thousands of
Braille and Large
Print pages
Thousands of
Talking Pill Bottles
Hundreds of
audio description
headsets
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Thousands of Employees
Trained
Customer service
Web / mobile
developers
Web / mobile
designers
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

And …..
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Getting Started
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Working with Clients
Goals
Claims
Attitude
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Send Opening SN Letter
Language + tone
Legal claim – calmly!
Say something positive
Build Trust
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Invite / Don’t Demand
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Be Patient | Be Proactive
Get letter in
right hands
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Be Persistent
#ShePersisted
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Evaluate Response
Don’t expect…. Look for this…
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Establish
Ground Rules
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Elements of Ground Rules
Parties
Topics for
negotiation
Tolling
Confidentiality
Attorneys’ Fees
End Date(?)
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Resolve Objections
Trust
Share successes
Share book
$$$
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Build Shared
Understanding
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Exchange
Written Information
Information helps everyone
What do you really need?
Responding to “No”
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

SN Meetings
Prepare!
Talk!
Share!
Empathy!
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Client Participation
Lawyers stay here Relationships
Possible
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

It works because…
Instead of. . . This!
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Experts
Joint experts
Clients
Cost Savings
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Drafting Strategies
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Drafting Strategies
Timing
How to start
Baby steps
Work around
fear
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Fear
Recognize
Understand
Dismantle
Draft around
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Money
Client
damages
Attorneys’
fees
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Media +
Monitoring
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Media Strategies
Timing
Appreciation
Lawyers’ role
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Monitoring Strategies
Dispute
resolution
Extension
New case
Trust
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Language +
Mindset
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Active Patience
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Trust
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Grounded Optimism
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Words Matter
“Defendants” Defend
“Opposing Counsel” Oppose
Does “discrimination”
motivate?
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Why Structured
Negotiation Works
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Dismantle Assumptions
Show don’t
tell
Create shared
understanding
Trust +
Patience
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Respect Small Steps
Interim
measures
Pilot
programs
Trust +
Patience
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Flexibility
Changed
circumstances
Roles
Timing
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Bottom Line . . .
More this Less this
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

And more this….
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

LFLegal.com/book
Roadmap
+
Stories
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Beyond Either/Or
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

More resources
www.LFLegal.com/topics
www.LFLegal.com/about/#sn
www.LFLegal.com/resources
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

Stay In Touch
Twitter @LFLegal
Email list
LFLegal.com/contact
LFLegal.com/
about/#sn [interviews++]
©LAW OFFICE OF LAINEY FEINGOLD | LFLEGAL.COM

This document summarizes a presentation on digital accessibility laws and strategies for enforcement. It discusses how accessibility is a civil and human right that promotes inclusion and participation. Laws establishing this include the ADA, Section 504, Section 508, and state/international laws. Enforcement strategies involve filing complaints with government agencies, accessibility lawsuits, and structured negotiations. These strategies, combined with laws, advocates, and a focus on results have helped expand digital access rights for many groups.

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This document summarizes digital accessibility laws and strategies. It discusses how accessibility is a civil right for disabled people and promotes inclusion. Laws like the ADA provide a foundation, but require advocates and strategies to be effective. Common strategies discussed are lawsuits against organizations for inaccessible websites and services, as well as filing complaints with government agencies. Settling cases or negotiating agreements can result in changes like website updates, training, and oversight. Following best practices like compliance with WCAG guidelines helps ensure digital accessibility.

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