Nancy Neal Yeend

Nancy Neal Yeend

As of March 31, 2023:

Nancy Neal Yeend retired as a dispute management strategist and mediator. She founded The End Strategy (TES) in Portland, Oregon and mediated pre-suit, trial and appellate cases. Nancy trained over 6500 mediators nationally for courts and private practice. She taught at San Francisco Law School, Franklin Pierce College of Law, Stetson University College of Law, and served as National Judicial College faculty for 28 years.

It is so interesting, thinking back over my 40-year career as a mediator and trainer about all the people I have met, and where I taught.  The story behind how I got hired at Franklin Pierce is really funny. The founder, Robert Rines was sitting on a park bench in SF, waiting for his wife to end her shopping, and was sitting on the same bench waiting for my husband. Bob and I got talking, and long story short, he mentioned wanting to start a mediation course for intellectual property, and asked if I could teach such a course. Of course I said, "Yes". The funny thing is that I did not know a lot about IP, but there were several IP attorneys in my office building, so I took them to lunch and asked them to tell me about cases. That is how I got information, so I could construct the roleplays. I taught for 8 years at Franklin Pierce--this is before it became part of the University of New Hampshire.

The other funny thing about teaching at 3 law schools and NJC, is that I think I have been the only, dumb, female, non-attorney faculty any of them ever had! Oh well, I guess if I had lived in Lincoln's day, I could have been an attorney, since you only had to read the law. I have done lots of reading!

 

                                                     

Articles written by this author:

Avoiding communication disasters

It pays to know which language style is understood the best – whether you are the speaker or the listener

Nancy Neal Yeend

2013 January


Beware the “Hallelujah!” mediator

Accepting a mediator without understanding their training, experience, style and methodology can cause you to lose control of your case

Nancy Neal Yeend

2012 September


Including an expert in mediation

An expert in a complex matter can be helpful in resolving a matter in mediation more quickly

Nancy Neal Yeend

2013 June



A case for early mediation

Less can be more when a faster settlement produces a more satisfied client

Nancy Neal Yeend

2014 September


Psychogeography and mediation

Where you sit at the table, the shape of that table and the temperature of the room can impact the outcome of the negotiation

Nancy Neal Yeend

2015 September


The Superheroes of Facts, Evidence and Logic enter the fray over legal malpractice protection in mediation

Laws that continue to protect attorney misconduct during mediation need to be changed

Nancy Neal Yeend

2015 November


Why women attorneys are healthier than men

The law can be an isolating profession – even more of a reason for friends as social safety nets

Nancy Neal Yeend

2016 March


The mediator’s proposal

Do you expect a proposal from the mediator? Is the proposal a tool, or a crutch?

Nancy Neal Yeend

2016 August


Fly on the wall

Fly on the wall

7 observations on both mistakes and smart moves that attorneys make in mediation

Nancy Neal Yeend

2017 January


Reading between the lines

A primer on understanding non-verbal communication cues in mediation

Nancy Neal Yeend

2017 August


Three key factors to successful negotiation

They are so obvious, yet so often overlooked by attorneys

Nancy Neal Yeend

2017 November


So, you want to be a mediator

Should you even be a mediator? And practical advice on beginning your practice if you decide to try

Nancy Neal Yeend

2018 July


Settlements: What could go wrong?

The devil really is in all the details of the settlement agreement

Nancy Neal Yeend
David Gordon

2018 October


An apology

Can it help or hinder a settlement?

Nancy Neal Yeend

2019 March


That other four-letter word – Bias

That other four-letter word – Bias

Recognizing, challenging and overcoming it

Nancy Neal Yeend

2019 May


Is mediation a profession?

A look at the regulation of mediation

Nancy Neal Yeend

2019 August


Tracking fracking

Tracking fracking

The Federal BLM doubled the number of California fracking permits issued in the first six months of 2019 – can more lawsuits be far behind?

Nancy Neal Yeend
Ann Clarke

2020 February


Distance mediation

Distance mediation

A look at what becomes crucial to success when agreeing to mediate by phone or video conference

Nancy Neal Yeend

2020 May


Creating an effective mediation brief

The five critical elements of a mediation brief

Nancy Neal Yeend

2020 July


Assessing the process of arbitration

Assessing the process of arbitration

A brief overview of the development and expansion of arbitration since the time of King Solomon

Nancy Neal Yeend

2020 November


Emotions in mediation

Emotions in mediation

Creating an environment where participants can express their emotions in constructive ways

Nancy Neal Yeend

2021 June


A mediation renaissance?

A mediation renaissance?

For years, there has been a concern that mediation disserves parties who are powerless and disadvantages members of society. Is it changing?

Nancy Neal Yeend

2021 September


Be a genius when selecting the appropriate ADR process

You can select the appropriate process with mathematical precision

Nancy Neal Yeend

2021 December


Fairness and settlements

Fairness and settlements

There’s more than one way to slice a loaf of bread

Nancy Neal Yeend

2022 April


Persuasion

Persuasion

When law and logic aren’t enough – techniques such as reciprocity – sharing a cookie – may work

Nancy Neal Yeend

2022 September