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Key Issues Analysis and Planning Overview

An Overview

Of the Key Issues Analysis Model

Prepared By Tom OConnor

Tom OConnor
Phone 571 332 2349 email SKMOLTOM1@Aol.Com

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Key Issues Analysis and Planning Overview

I. Introduction and Summary of Key Issues Analysis Model. In some assignments negotiations fail to produce agreement which resolves the issues. When that occurs, and the client requests it, we are prepared to provide testimony or expert reports and to analyze and counter reports prepared by the other Party. We do so using techniques including those in our Key Issues Analysis Model. This analytical model consists of examining the following structural components of testimony or expert reports which the other Party might produce:
I. Assumptions II. Data III. Methodology IV. Findings V. Conclusions and VI. Recommendations We seek to identify and remedy analytical and other defects that could operate adverse to our clients interests. Typical defects in each area can be briefly summarized as follows:

Assumptions Some

The Other Party may unduly rely on assumptions in a Report.

assumptions are of course necessary to the development of an analysis. However the other Party may extend the use of assumptions beyond what is either reasonable or productive. We may also find instances in which The Other Party has mis-understood assumptions or mis-applied them.

Tom OConnor
Phone 571 332 2349 email SKMOLTOM1@Aol.Com

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Key Issues Analysis and Planning Overview

Also, in some instances the other Party may assume concurrence in statements, which have not been previously presented or are weakly supported. In some instances we have found the other Partys assumptions may be linked and compounded in a series of tenuous subjunctives.

Data

Data is a basic building block in analysis. We look for instances in which the other Party has mis-characterized data or over reached with their use of the data. Possible errors include: Erroneous assertions, which adversely characterize our clients position or work. Instances in which the other Partys analysis is not based on facts or not based on complete facts. Instances in which the other Partys analysis was based on misinterpretations of the facts.

Methodology

We look for instances in which the methodologies used by the other Party rely on incomplete facts. In some instances they may have reviewed only part of the picture. The use of the rail carload waybill sample is one such possibility. The waybill sample is a finite measuring instrument with both commodity and geographic coverage limits, which are well understood. Simply put, the sample can tell us about events which it captured, but it has little to provide regarding events which are absent from the sample.

Tom OConnor
Phone 571 332 2349 email SKMOLTOM1@Aol.Com

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Key Issues Analysis and Planning Overview The fairness and accuracy of The Other Partys analyses are clearly areas of concern for the finder of fact.

Findings

The application of analytical methodologies to the data leads one to findings. By this stage in the process errors and gaps in data and methodology can either be removed by judicious review or they can be compounded. methodology are also evident in their findings

Sometimes we

observe that the seeds of the errors found in The Other Partys data and

Conclusions

In considering the conclusions we reflect on whether the facts were accurately analyzed and whether the conclusions are fairly drawn. We also look for instances where The Other Partys Report supports our findings.

Recommendations

Finally we consider whether the recommendations are reasonable and supported by the facts and analysis. A brief outline often is sufficient to indicate that The Other Partys Report falls short of the mark.

Further areas we consider include: Instances in which the other Party implicitly or indirectly endorses our work, for example, by using the same or similar techniques Limits of the opposition witnesss expertise, particularly as to key components of the cases Challenging attempts by the other Party to exceed the limits of their expertise. Undue reliance on conclusions drawn from other adverse witnesses Conceptual flaws in the other Partys statement

Tom OConnor
Phone 571 332 2349 email SKMOLTOM1@Aol.Com

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Key Issues Analysis and Planning Overview Structural flaws such as an approach which is inconsistent or inapplicable Drawing together the best evidence from all the material that has been developed, including the other Partys report, and presenting this to support our case and help us give the best information to the panel or finder of fact to help shape their decision

Structural Rebuttal Design Model

We replicate key data tables in the other Partys statement. This is

done for several purposes. 1. Test the analytical results reported by the other party 2. Determine whether the analysis in the text or table is the same as in the opposition witnesss work papers 3. Establish a framework for substituting our parameters in the opposition witnesss analytical stream and developing results the opposition must then own. 4. Enable easy comparisons for the finder of fact of our evidence and the oppositions claims. 5. Test the extent to which the oppositions report stretches or misinterprets the facts. The rebuttal can also use simple graphics and data tables where that enhances the communication of our results. The rebuttal should address any specific issues which have not obviously been already dismissed by the panel. We can keep it simple and contrast this with the complexity of the opposing evidence We can structure the rebuttal to assist the compare and contrast of our position with the weaker opposing positions. Our presentation is designed to provide better evidence in support of simpler and more persuasive principles.

Tom OConnor
Phone 571 332 2349 email SKMOLTOM1@Aol.Com

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Key Issues Analysis and Planning Overview Finally we can note the issues on which we agree. The other Party may have

agreed directly or indirectly with elements of our fundamental position.

We have successfully applied all aspects of the preceding summary in conjunction with numerous clients. We look forward to working with you.

Thanks,

Tom OConnor

Tom OConnor
Phone 571 332 2349 email SKMOLTOM1@Aol.Com