ACC VALUE CHALLENGE - Guide to Process Improvement
For instance, nondisclosure agreements preceding routine transactions provide a
perfect example. Kano analysis is likely to reveal that a vast majority of requirements
relating to routine NDAs are “must-be” requirements that are invisible to business
teams. Typically, the only satisfiers that business users are likely to identify pertain
to cycle time, to ensure that interactions with legal do not cause friction or reduce
velocity of business negotiations. Many of the quality attributes that some lawyers may
consider as delighters are likely to be considered irrelevant by internal clients.
This gap in perception is because the potential legal risks avoided by a superbly crafted
NDA are not likely to affect the immediate service experience of business users. In fact,
any time spent on research, analysis, and drafting completed by the law department to
verify the maximum duration allowed by the relevant trade secret laws and the careful
definition of “confidential information” could be considered bloated cycle time and a
prime example of the legal function getting in the way rather than helping the business
On the flip side, these service attributes could result in a very different Kano analysis
when applied to the NDA preceding a strategic joint venture, where all of these service
features might be considered “must-be” requirements rather than irrelevant.
Also consider cost, feasibility, and user
acceptance of potential solutions
Finding the “best-fit” solution should take into consideration the costs associated with
and the feasibility of proposed options. A brilliant idea has no value unless the legal
team can deliver a working solution that the relevant users will accept, at a cost that is
considered reasonable by the CFO and CEO.
These variables can be visualized and analyzed through a solution matrix. The matrix
is essentially a chart that allows the team to evaluate and prioritize multiple proposed
solutions with regard to both their effectiveness in fixing the overall problem and their
feasibility. Using a 10-point scale, a solution matrix should seek to quantify each of the
following; each factor should be weighted according to their relative importance.
• Solution effectiveness can be quantified by the extent to which the proposed
solution addresses the identified root cause. Alternatively, solution effectiveness
can result in a numerical rating indicating the likelihood that the proposed
solution will resolve pain points identified during VOCs or fulfill the “must-be,”
“satisfier,” or “delighter” requirements identified during the Kano analysis. An
aggregated effectiveness rating should be calculated for each proposed solution.