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4 problem solving decision making and professional judgment. a day in the professional life of two characters Luis Trujillo a partner at a mid. sized law rm in Orange County California and Christine Lamm the director. of a county environmental protection agency,1 1 a day in the life of a problem solving lawyer. It is an ordinary if busy work day for Luis Trujillo On arriving at his of ce he. nds on his calendar an initial consultation with a long standing client at 9 00. a m a noon meeting with Karen Moore a friend from law school and an after. noon conference with one of the rm s associates to discuss the strategy in a. breach of contract action which the associate has been handling under Trujillo s. mentorship, Trujillo s nine o clock meeting is with Jack Serrano owner of Terra Nueva. Properties a real estate development company that builds and manages low. and moderate income rental housing projects in the Orange County area. Serrano takes great pride in his company s reputation for providing family. friendly affordable housing Until now the company has enjoyed good rela. tionships with its tenants and with local state and federal government. agencies In all of his many years in business Serrano has never been involved. in litigation, Serrano arrives for his meeting with Trujillo in a state of obvious distress He. is carrying a copy of the local newspaper with a front page story about a wave of. illnesses suffered by his tenants allegedly the result of a polyurethane foam. product used to insulate the apartments The article quotes tenants as saying that. the walls of the apartments smell bad like chemicals and it is accompanied by. a photo of tenants holding a piece of insulation at arm s length The article also. contains graphic descriptions of the tenants physical ailments and is accompa. nied by yet another photo this one of a lawyer and grim faced residents of Terra. Nueva captioned Foam Insulation Syndrome Downs Local Residents Tenants. to File Class Action Lawsuit The article quotes a report of a consumer organiza. tion saying that similar outbreaks of foam insulation syndrome have occurred. elsewhere in the country 2 We return to Trujillo s meeting with Jack Serrano. later in this and subsequent chapters, Trujillo does pro bono work for the Los Angeles Volunteer Legal Services. Association VLSA After nishing his meeting with Serrano he turns to a. memorandum from VLSA concerning mass ring of employees without notice. when a small manufacturing plant decided to move its operations to Mexico. 2 For an example of how life immitates hypothetical problems see Leslie Wayne. Chinese Drywall Linked to Corrosion New York Times November 23 2009 http www. nytimes com 2009 11 24 business energy environment 24drywall html scp 1 sq chi. nese 20drywall st cse,01 Brest Krieger 01 indd 4 4 7 2010 3 11 14 PM.
problem solving and decision making processes 5, The terminations do not appear to violate either federal or state statutes but. Trujillo has the germ of an idea of how to deal with this to which we will return. in Chapter 3, Trujillo s musings are interrupted by a phone call from the front desk alert. ing him that Karen Moore has arrived and is headed back to his of ce Moore is. a vice president for Big Mart a chain of discount department stores in the region. Trujillo has helped negotiate many real estate contracts for Big Mart which has. grown quickly to have over thirty stores Trujillo and Moore spend most of the. time discussing a complex deal involving a new location But toward the end of. the lunch Moore presents a quite different problem. On Trujillo s advice some years ago Big Mart has done regular internal audits. to ensure that it is in compliance with the law rather than await regulatory. actions or litigation 3 She reports that the human resources director has taken an. extensive look at Big Mart s employment records and has discovered an unset. tling disparity between the salaries of male and female assistant managers The. average male assistant manager makes 39 257 a year while the average woman. makes 38 528 a disparity of 729, Trujillo wonders whether the disparity might be due to other factors such as. seniority or education Resolving this question will require the statistical analysis. of Big Mart s employment data something we will defer to Part 2 of the book. Later in the day Trujillo meets with Anna Wilkins a recent law school gradu. ate and new associate at the rm Before turning to the main point of the meet. ing a breach of contract case Trujillo mentions an incident in a trial in a tort. case the rst trial in which she ever acted as lead counsel Anna had been about. to object to a question on the ground that it called for hearsay when Trujillo. tugged at her sleeve and indicated that she should let it pass Wilkins says. that she has since checked her recollection of the law The response would. certainly have been inadmissible and she wonders why Trujillo stopped her. from objecting You re absolutely right on the law he says but we re really. not contesting that particular factual issue Moreover we had been making quite. a few objections and the judge was communicating her increasing irritation to. They then discuss the breach of contract case that Wilkins is handling for. the rm The rm s client Clyde Evers has sued Newport Records a small. recording company Newport refuses to pay for accounting software that Evers. customized and installed saying that the software does not do what Evers said it. would do The amount due is 600 000, 3 See Thomas D Barton Preventive Law and Problem Solving Lawyering for. the Future Lake Mary FL Vandeplas Publishing 2009,01 Brest Krieger 01 indd 5 4 7 2010 3 11 15 PM.
6 problem solving decision making and professional judgment. Yesterday Wilkins received a phone call from Evers who seemed upset that. nothing had happened since the case was led quite a long time ago and asked. her whether she couldn t hasten its resolution, Based on her knowledge of summary judgment from her Civil Procedure. class in law school her reading of the contract which disclaims any warranty of. performance and her study of the relevant law concerning warranties Wilkins. believes that Evers can win on summary judgment and proposes to le a motion. to that effect After examining the case le Trujillo introduces Wilkins to the. practical realities of summary judgment practice in the state courts. Trujillo explains that even though a motion for summary judgment could. theoretically bring about a quick disposition of the case it could have untoward. consequences The judge before whom the motion is likely to be argued views. summary judgment especially for plaintiffs with considerable skepticism. It is true that the contract disclaims any warranty of performance But it. appears that Evers had made extravagant oral representations about what. the software would do Even if those representations are not formally binding. they may bias the judge further against summary judgment once he learns. Moreover the law requires that warranty disclaimers be in a particular type. face which is somewhat different from the disclaimer in the contract with. Newport The judge might regard the difference as inconsequential and grant. summary judgment or he might have the jury determine whether or not the. defendant actually read and understood the disclaimer. And there is yet another problem The defendant claims that after a brief trial. period it stopped using Evers software and purchased an off the shelf product. instead If the written disclaimer of warranty is ineffective Newport may have a. claim against Evers for breach of warranty But the statute of limitations on. this claim which is much shorter than the statute of limitations governing. Evers claim is about to run out The defendant s lawyer a local sole practitioner. not known for high quality work probably hasn t been focusing on the case but. the motion may lead him to pay attention and le the claim. What s more Trujillo explains the cost of litigating the motion for summary. judgment will not be insubstantial If the motion is denied Evers costs would be. greatly increased Even if the motion is granted Newport Records will likely. appeal with attendant costs and the possibility of still having to go to trial. Hmmm I take your points says Wilkins We ll just have to wait until the. case comes to trial But Trujillo responds Not so fast Did Evers give you any. indication why he was upset that the case wasn t progressing Surely you dis. cussed the time frame with him at an earlier point Wilkins replies that Evers. mentioned that he was anxious to have the funds from the judgment to invest in. a new venture, Trujillo then asks Wilkins whether she can think of any available options. beside moving for summary judgment and waiting for trial and eventually. 01 Brest Krieger 01 indd 6 4 7 2010 3 11 15 PM,problem solving and decision making processes 7. they discuss the pros and cons of approaching Newport Records lawyer with a. settlement offer, 1 2 a day in the life of a problem solving policy maker. Christine Lamm received a joint degree in law and public policy only ten years. ago A deputy administrator in the county s environmental protection agency. she was catapulted into the role of acting administrator of the department upon. the sudden departure of her boss two years ago Last year with some misgivings. based on her lack of experience and her tendency to do everything by the book. in an overly deliberative manner that did not always take political realities into. account the mayor formally appointed her head of the department She serves. in that capacity at the pleasure of the mayor meaning that she can be removed. by the mayor at will, Lamm begins the day by continuing to work on a complex project involving.
the siting of a wastewater treatment plant in Edenville But the work is inter. rupted and will not be resumed until Chapter 4 by an urgent phone call from. Paula Henderson the mayor s chief of staff about the Terra Nueva affair The. mayor saw the same newspaper articles that brought Serrano to Luis Trujillo s. of ce that morning and he wants something done about the foam insulation. problem ASAP Henderson asks Lamm to draft a set of proposed regulations. banning use of polyurethane foam insulation in new construction and renovation. projects in the county, Lamm listens anxiously to Henderson s request mindful that her continued. employment turns on her ability to remain in the mayor s good graces But. Lamm doesn t just have her job to worry about she feels personally and profes. sionally committed to approaching the foam insulation problem at Terra Nueva. in a manner consistent with principles of sound public policy making Quickly. calculating how best to mediate between these two sets of concerns Lamm. explains to Henderson that under the state s Administrative Procedures Act any. regulatory initiative banning the foam insulation will have to be premised on. agency ndings arrived at using scienti cally acceptable methods that the. foam was in fact causing harm After a rather pointed response underscoring. the mayor s desire to act decisively in response to requests from community. groups that had long supported him Henderson agrees with Lamm s suggestion. that she convene a working group to investigate the causal connection between. the insulation product and the symptoms experienced by Terra Nueva residents. After getting off the phone with Henderson Lamm decides to take a walk to. clear her head and to give a maintenance worker access to her of ce to repair a. light above her desk When she returns she notices that her computer screen is. dark and recalls that she had a number of word processing and spreadsheet. documents open when she left Grumbling to herself that the last thing she. 01 Brest Krieger 01 indd 7 4 7 2010 3 11 15 PM, 8 problem solving decision making and professional judgment. needs on a stressful day like this is a bunch of lost work she checks the electric. plug thinking I ll bet the maintenance guy accidentally unplugged it when he. moved my desk that sort of thing has happened to me before She checks under. her desk where the electrical socket is located It s plugged in but it seems a bit. loose she thinks I ll jiggle it In the process the plug comes completely out. of the socket and the background sound of the hard drive and fan which she. had not noticed until then suddenly goes silent The computer had not been off. before but it is now On further inspection Lamm discovers that the screen was. dark because the cable connecting the computer to the monitor had come loose. Now she in fact has lost some work,1 3 defining problem solving and decision making. As these vignettes suggest in their day to day work lawyers and public policy. makers are constantly working to solve problems either alone or in collaboration. with others The qualities they need to do this well are sometimes de ned in. terms of judgment or practical wisdom the skills in terms of problem solving. and decision making, The academic and professional literatures provide a variety of de nitions of. the term problem For example Charles Kepner and Benjamin Tregoe de ne a. problem as a situation where something has gone wrong 4 This de nition cap. tures at least two of the situations described above Something has gone wrong. at Jack Serrano s Terra Nueva apartments and something went wrong with. Christine Lamm s computer, More broadly law professor Gerald Lopez de nes a problem as a situation.
in which the world we would like varies from the world as it is 5 Correspondingly. Lopez de nes problem solving as trying to move the world in the desired. direction 6 This de nition aptly describes Christine Lamm s project for siting. the wastewater treatment plant It also describes the situation presented by. VLSA s potential case on behalf of the laid off woodworkers From the laid off. workers perspective the world they would like is one with a legally enforce. able right to reasonable notice of pending layoffs if not protection from the lay. offs themselves However the world as it is apparently provides no such claim. Crafting a novel legal theory and then persuading a judge to apply it and provide. a remedy represents an effort to move the world in the desired direction. Problems also include situations where nothing has gone wrong yet but. where there is reason to believe that if some action is not taken something may. 4 Charles H Kepner and Benjamin B Tregoe The New Rational Manager viii. Princeton Princeton 1981, 5 Gerald P Lopez Lay Lawyering 32 UCLA Law Review 2 1984. 01 Brest Krieger 01 indd 8 4 7 2010 3 11 15 PM,problem solving and decision making processes 9. go wrong in the future Problem solving in these cases calls for the deployment. of strategies calculated to head off foreseeable future problems Much of lawyers. work in their roles as counselors deal makers estate planners and legislative. drafters involves anticipating and avoiding problems that might arise That s. why Trujillo recommended that Big Mart do a regular legal audit the equiva. lent of an annual physical exam To take another example the standard lease. agreement that Trujillo had drafted years ago for Jack Serrano tries to anticipate. various things that might go wrong with a particular tenancy persistent loud. parties disturbing to neighbors chronically late or unpaid rent undesirable. subletting arrangements to name a few Part of Trujillo s craft as a lawyer. involves his ability to anticipate problems of this sort and to work into the lease. agreement mechanisms through which Serrano can address them quickly. effectively and at the lowest possible cost Unless anticipated ahead of time a. something may go wrong problem can easily become a something has gone. wrong problem, To accommodate problems of these various types we adopt a more inclusive. de nition of the term problem similar to that suggested by Allen Newell and. Herbert Simon a problem is any situation in which the state of affairs varies. or may in the future vary from the desired state and where there is no obvious. way to reach the desired state 7 For example we will see in Chapter 4 that there. is no single obvious solution to Christine Lamm s problem of where to site the. wastewater treatment plant, Newell and Simon de ne the conceptual area between the existing and desired. states of affairs as a problem space To solve a problem is to navigate through the. problem space through the virtual area between the actual or potential unsatis. factory state and the desired state We can represent this conception of a problem. and the problem solving process in the following way as shown in Figure 1 1. PRESENT The Problem Space DESIRED,STATE STATE,figure 1 1 the problem space.
7 Allen Newell and Herbert A Simon Human Problem Solving Englewood. Cliffs NJ Prentice Hall 1972,01 Brest Krieger 01 indd 9 4 7 2010 3 11 15 PM. 10 problem solving decision making and professional judgment. Problem solving often requires solving a number of constituent subproblems. For this reason the problem space can be viewed as containing a number of. segmented paths one or more of which leads from the initial state to the desired. state if the problem is solvable at all Each of the nodes located along these. paths represents a decision point a point at which the problem solver must. choose between different available courses of action In most situations there is. more than one possible pathway through a problem space Sometimes these. present themselves as distinct options at the outset At other times a single path. way branches off into different directions partway through the traverse Either. way problem space navigation is almost always multinodal Moving from one. node to the next requires making a decision as the graphic in Figure 1 2. illustrates,PRESENT DESIRED,STATE The Problem Space STATE. figure 1 2 navigating the problem space, The various pathways through a problem space may not be equally satisfac. tory Some pathways that appear promising at the outset may ultimately prove to. be dead ends Some are inferior because they demand the expenditure of exces. sive resources or create new problems even while solving the original one or. because they compromise other objectives Problem solving is thus subject to. what Newell and Simon term path constraints A completely satisfactory solution. is a path that leads through the problem space and is consistent with all relevant. constraints, The process described by Newell and Simon can be analogized to an expedi. tion by explorers who must cross uncharted territory to get to their desired des. tination The explorers may take one path only to have to backtrack after. discovering that it ends at a steep cliff They may take another and encounter a. wide river How to cross the river in effect poses an ancillary problem which. must be solved to continue the journey As for path constraints the explorers. might be vegetarians or might have mores that preclude them from traveling on. the Sabbath which could hinder their progress toward the destination but nev. ertheless must be taken into account, If problem solving consists of trying to move the world in the desired direc.
tion it must ultimately eventuate in a decision a commitment to a course of. 01 Brest Krieger 01 indd 10 4 7 2010 3 11 15 PM,problem solving and decision making processes 11. action that is intended to produce a satisfying state of affairs 8 In terms of the pre. ceding discussion decision making involves choosing a particular pathway across. the problem space that lies between the actual and desired states of affairs The. best solution to a problem is one that satis es to the greatest extent possible the. broadest range of objectives including constraints implicated by the problem. 1 4 deliberative and intuitive problem solving,and decision making. There are essentially two distinct but complementary approaches to problem. solving and decision making One relies on analysis or deliberation the other on. intuition While intuition is pervasive deliberation is relatively rare because. among other things it requires considerable cognitive energy Deliberative deci. sion making is informed by intuition at the same time as it corrects for the limi. tations and biases of pure intuition Intuition can also be informed by deliberation. as happens in the development of expertise While the processes of intuition are. largely opaque to the decision maker deliberation is transparent For this reason. among others we begin with deliberation,1 4 1 Deliberative Processes. An ideal deliberative model of decision making consists of the following steps or. 1 State or frame the problem to be solved, 2 Identify and prioritize the relevant values interests and objectives. 3 Identify and resolve major uncertainties concerning the cause of the problem. 4 Generate a range of plausible solutions or alternative courses of action. 5 Predict the consequences of the courses of action and assess their impact. on the relevant interests or objectives, 6 Select the course of action that optimizes the interests or objectives to be.
served i e make a decision, 7 Implement observe and learn from the outcome of the decision. The process is recursive beginning with the need to frame the problem in. terms of the interests involved and to consider the interests in the context of the. particular problem After completing step 5 a decision maker would be wise to. review the earlier steps not just because he may have accidentally omitted. 8 J Frank Yates Elizabeth S Veinott and Andrea L Patalano Hard Decisions Bad. Decisions On Decision Quality and Decision Aiding in Emerging Perspectives on. Judgment and Decision Research 13 63 Sandra L Schneider and James Shanteau. eds New York Cambridge University Press 2003,01 Brest Krieger 01 indd 11 4 7 2010 3 11 15 PM. 12 problem solving decision making and professional judgment. something but because the concreteness of positing solutions can reframe. objectives and his conception of the overall problem. 1 4 1 a Framing the Problem Problem solvers sometimes go about solving. the wrong problem because they do not frame the issues adequately They may. mistake symptoms of a problem for the problem itself or de ne the problem too. narrowly or de ne the problem in terms of a ready solution without taking account. of the objectives they are actually trying to achieve Some lawyers might immedi. ately frame Jack Serrano s problem solely as defending against the potential class. action suit By contrast as we will see in Chapter 2 Trujillo will help Jack Serrano. consider the problem at Terra Nueva from a variety of different perspectives. resisting the temptation to adopt the rst problem frame that comes to mind. 1 4 1 b Identifying Interests and Objectives The German philosopher. Friedrich Nietzsche is reputed to have said To forget one s purpose is the. commonest form of stupidity, The best frame for a problem is the one that incorporates the broadest possi. ble range of purposes interests objectives and values implicated by the situa. tion For this reason the second step in deliberative problem solving entails a. thoroughgoing speci cation of all relevant interests and objectives not just those. most readily brought to mind For example Jack Serrano obviously has an inter. est in minimizing his legal liability to tenants of Terra Nueva But he may have. other interests such as his reputation in the community and his ongoing. relations with tenants Because of Christine Lamm s responsibilities as county. environmental administrator concerns for the tenants health predominate but. they must be balanced against other economic and social interests. Anna Wilkins thought that a summary judgment motion was the solution to. Evers s problem in Newport Records getting the matter resolved quickly But. this was a solution to a problem she did not fully understand and could not. understand without asking her client why he was so anxious to have his case. resolved In considering where to site the waste treatment plant Christine Lamm. will also have to understand her various stakeholders interests with consider. able speci city, Sometimes a client may come to a lawyer without a clear sense of his under. lying objectives and interests but with his mind set on a particular solution In. these situations a good lawyer will slow down the client and help him identify. all his interests and objectives before generating let alone selecting among. alternative courses of action, 1 4 1 c Diagnosing Causes While the causes of some problems are perfectly.
clear many others call for analysis or diagnosis For example in responding to. the situation at Terra Nueva both Trujillo and Lamm must consider whether. Serrano s tenants distress is really being caused by the foam insulation It is. possible that their symptoms result from or are heightened by a different cause. With respect to gender inequities at Big Mart Trujillo s partner will need to. determine whether the difference in Big Mart s compensation of male and. 01 Brest Krieger 01 indd 12 4 7 2010 3 11 16 PM,problem solving and decision making processes 13. female assistant managers is statistically signi cant and if so whether it is. attributable to gender or to some other variable As Christine Lamm worked her. way through her dead computer problem she had to determine or in any. event should have determined whether the dark monitor screen resulted from. an unplugged power cord or from some other cause, Just as a physician who misdiagnoses the underlying cause of a set of symp. toms is likely to prescribe an unhelpful or even harmful treatment so too may. a lawyer or policy maker take useless or counterproductive actions based on an. inadequate analysis of the facts Section 2 5 introduces issues of empirical. analysis which are then considered in detail in Part 2. 1 4 1 d Developing Alternatives The best problem frame is not necessarily the. rst to come to mind and this is true of potential solutions or courses of action. as well Problem solving often bene ts from a period of divergent thinking about. different possible solutions rather than from rapid convergence on the rst. seemingly attractive strategic option that sashays by We examine the generation. of alternative courses of action in Chapter 3, 1 4 1 e Evaluating Alternatives Once a variety of potential solutions or courses. of action have been generated a deliberative problem solver proceeds to evaluate. them In this phase the problem solver must predict the consequences of each plau. sible option and then assess the consequences in light of his client s objectives. We take a rst look at evaluating alternatives in Chapter 4 and continue to. explore these issues throughout the rest of the book. 1 4 1 f Choosing and Implementing a Course of Action Eventually the. problem solving process comes to a conclusion and a decision must be made. Quite often this requires making trade offs among competing interests a pro. cess introduced in Chapter 4 and explored further in Part 3 As implementation. progresses the selected solution is monitored adjusted if necessary and. reviewed to see what can be learned from the experience of its selection and. implementation,1 4 2 Divergent and Convergent Thinking. The deliberative approach to problem solving combines elements of divergent. and convergent thinking Divergent thinking expands the range of perspectives. dimensions and options related to a problem Convergent thinking eliminates. possible alternatives through the application of critical analysis thereby eventu. ally reducing the number of options that remain open Divergent thinking con. ceives convergent thinking critiques Divergent thinking envisions convergent. thinking troubleshoots ne tunes selects and implements. As the following gure suggests you can think of divergent thinking as. two lines emerging from a common point and then moving away from each. other and of convergent thinking as two lines coming together from different. directions on a single point as shown in Figure 1 3. 01 Brest Krieger 01 indd 13 4 7 2010 3 11 16 PM, 14 problem solving decision making and professional judgment.
Figure 1 4 illustrates how the model of deliberative problem solving just. described above combines elements of divergent and convergent thinking. Early in the process when a problem is being framed when interests. and objectives are being identi ed and when alternative solutions are being. generated divergent thinking can bring a great deal of value to the problem. solving endeavor Divergent thinking enables us to conceptualize the problem. from a wide variety of perspectives so as to permit consideration of the broadest. possible array of potential solutions Divergent thinking helps identify the full. range of interests implicated by a particular decision And divergent thinking. inspires innovation in coming up with solutions to the problem Later in the. process convergent thinking comes into play in analyzing causation evaluating. options choosing which course of action to implement and implementing and. monitoring the choice, 1 5 intuitive processes in problem solving and decision. Intuition or know how is neither wild guessing nor supernatural inspiration but. the sort of ability we use all the time as we go about our everyday tasks. Hubert and Stuart Dreyfus Mind Over Machine9, Most of a person s everyday life is determined not by their conscious inten. tions and deliberate choices but by mental processes that are put into motion by. features of the environment that operate outside of conscious awareness and. guidance 10 Most of the time we solve problems without coming close to the. conscious step by step analysis of the deliberative approach In fact attempting. to approach even a small fraction of the problems we encounter in a full delib. erative manner would bring our activities to a screeching halt Out of necessity. most of problem solving is intuitive In contrast with the deliberative model of. decision making intuitive decisions rely on a process that somehow produces. an answer solution or idea without the use of a conscious logically defensible. step by step process 11 Intuitive responses are reached with little apparent. 9 Hubert Dreyfus and Stuart Dreyfus Mind Over Machine The Power of. Human Intuitive Expertise in the Era of the Computer 29 New York Free Press. 10 John Bargh and Tanya Chartrand The Unbearable Automaticity of Being 54. American Psychologist 462 1999, 11 Kenneth Hammond Human Judgment and Social Policy Irreducible. Uncertainty Inevitable Error Unavoidable Injustice 60 New York Oxford. University Press 1996,01 Brest Krieger 01 indd 14 4 7 2010 3 11 16 PM. problem solving and decision making processes 15,Convergent.
figure 1 3 divergent and convergent thinking,Step 1 Define the. Step 2 Identify and Prioitize Objectives,Step 3 Clarify the Problem s Causes. Step 4 Generate Alternative Solutions, Step 5 Evaluate Alternative Solutions Against Objectives. Step 6 Select a Solution,Step 7 Implement and Monitor. the Chosen Solution, figure 1 4 divergent and convergent elements in formal problem.
01 Brest Krieger 01 indd 15 4 7 2010 3 11 16 PM, 16 problem solving decision making and professional judgment. effort and typically without conscious awareness They involve little or no con. scious deliberation 12,1 5 1 Recognition Primed Decision Making. Experts employ intuition often informed by deliberation and re ection on. past decisions through a strategy that Gary Klein calls recognition primed. decision making 13 According to this model experience in the world gives us. myriad problem schemas mental maps that allow us to immediately size up a. situation see it as an example of a problem prototype understand its meaning. and know what action to take 14 If the problem does not have an obvious solution. then rather than systematically generate and compare a number of options as. in the deliberative model we evaluate a plausible option through mental. simulation by imagining ourselves carrying it out 15 If this does not seem to. lead to a good outcome we evaluate another possible option 16. A problem schema often supplies the problem solver with a prefabricated. agenda for thought and action It tells her what features of the problem situation. are important what additional information if any is needed and what action. she needs to take to reach a solution The decision maker can then execute the. solution often automatically without conscious deliberation or thought As this. description implies many problem schemas have stock solutions stored in the. mind as part of the schema itself, The chess grand masters use their intuition to recognize the promis. ing moves that they should examine more closely They shift to an analytic. mode by looking at the moves they will play out in the context of the. game and rely on their ability to mentally simulate what will happen if. they play a move In the course of these mental simulations some of the. moves drop out because they are found to contain weaknesses By the end. of the mental simulations the grand masters are usually left with only a. single move they nd playable,Gary Klein Intuition at Work 75 2003. 12 Robin Hogarth Educating Intuition 14 Chicago University of Chicago Press. 13 Gary Klein Sources of Power How People Make Decisions 17 Cambridge. MIT Press 1998,14 Id at 17 89,15 Id at 20 21, 16 In the process of solving the problem we may even change our understanding of.
the goal we are pursuing See Klein 122,01 Brest Krieger 01 indd 16 4 7 2010 3 11 17 PM. problem solving and decision making processes 17, Recognition primed decision making describes the mode of operation of say. an experienced re ghter deciding on how to make his way safely into a burning. building or a doctor or nurse responding to a medical crisis Klein describes the. response of two nurses working in a neonatal intensive care unit 17. Darlene had been working with premature infants for a long time Linda was. an experienced nurse but new to this unit Linda was responsible for an infant. whose temperature had dropped slightly several times during her watch each. time she turned up the temperature in the isolette She also noticed that the. place in the baby s heel where a medical technician had taken a blood sample. was still bleeding a bit and attributed it to a sloppy procedure When Darlene. saw the baby something just looked funny After doing a quick physical she. woke up the duty physician saying that she thought the baby had sepsis If they. had awaited the results of a blood culture before putting the baby on antibiotics. it would probably have been too late Darlene s experience enabled her to see a. pattern which was not available to Linda and also to respond As Klein writes. A pattern is a set of cues that usually chunk together so that if you see a few. of the cues you can expect to nd the others When you notice a pattern you. may have a sense of familiarity yes I ve seen that before As we work in any. area we accumulate experiences and build up a reservoir of recognized. patterns The more patterns we learn the easier it is to match a new situation. to one of the patterns in our reservoir, Once we recognize a pattern we gain a sense of situation We know what. cues are going to be important and need to be monitored We know what types. of goals we should be able to accomplish We have a sense of what to expect. next And the patterns include routines for responding If we see a situa. tion as typical then we can recognize the typical way to react 18. 1 5 2 The Role of Schemas and Scripts, Schematic processing is not only the key to recognition primed decision making. but to navigating the everyday world Every person object and situation we. encounter is unique but to treat them as such would be impossible Were we to. treat every experience as sui generis we would fast be inundated by an unman. ageable complexity that would overwhelm our cognitive capabilities To function. at all we must radically simplify our experience of the world. In a classic article entitled On Perceptual Readiness cognitive psychologist. Jerome Bruner observed that when we perceive a stimulus from our environment. our rst task is to t that information into some existing knowledge structure. 17 Gary Klein A Case Study of Intuition in Intuition at Work Why Developing. Your Gut Instincts Will Make You Better at What You Do 3 9 New York. Doubleday 2002,18 Id at 11 12 13,01 Brest Krieger 01 indd 17 4 7 2010 3 11 17 PM.


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