Negotiating for Change


Occasionally, in any change effort a manager may run into another kind of roadblock: he/she may require the cooperation and support of managers in other departments and divisions, but may have no formal authority over them. Attempts to influence or persuade them  to support change may fail because the change may involve a perceived loss for the other managers, this could be loss in status, power, authority, prestige or prerequisites. Under these circumstances, it is not in the self-interest of those managers to support the change. Situations like these make the management of change explicitly political because, in order to gain their support, the manager may have to do some bargaining. In other words, when influence and persuasion fail, a manager may need to mobilize support through negotiation. Many managers, particularly those with technical backgrounds, find this process distasteful because it seems irrational. However, there is little that is irrational in these situations and they arise out of calculated self-interest. Just as there are sound scientific principles to influence and persuade people, negotiation and bargaining can also be based on logic and science. While part of negotiation—like management—is art, most of it is amenable of scientific analysis.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Leadership Styles


An effective leader recognizes that there are variations in leadership styles. The three basic styles are autocratic, free rein, and democratic. Autocratic leaders make decisions on their own, without consulting others. Democratic leaders involve their subordinates in making decisions. Free-rein leaders believe in minimal supervision, leaving most decisions to their subordinates.

The best leadership style is one that varies with the circumstances, changing according to three elements: the leader, the followers, and the situation. Some leaders are simply unable to encourage or even allow subordinates to participate in decision making. And some followers do not have the ability or the desire to assume such responsibility. Furthermore, the particular situation helps determine which style will be most effective. Problem requiring immediate solutions may have to be handled without consulting subordinates. With less time pressure, participative decision making may be desirable.

A democratic leader may be forced by circumstance to be autocratic in making a particular decision. Managers are increasingly moving toward a more democratic style of leadership. They find that workers involved in decision making tend to be more interested in the overall organization and may be more motivated to contribute to organizational objectives that those not involved in decision making.

No single best style of leadership exists. The most effective leadership style depends on the power held by the leader, the difficulty of the tasks involved, and the characteristics of the workers. Extremely easy and extremely difficult situations are best handled by leaders who emphasize task accomplishment. Moderately different situations are handled by leaders who emphasize participation and good working relations with subordinates.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Thinking Before Signing a Franchise Agreement


A franchise agreement is a legally binding contract that defines the relationship between the franchise and the franchiser. Because the Agreement is drawn up by the franchiser, the terms and conditions generally favor the franchiser. You don’t necessarily have to agree to everything on the first go-round. Maybe you can negotiate a better deal. Before signing the franchise agreement, be sure consult an attorney. Here are some tips you must consider before signing the agreement:

  1. Are your legal responsibilities as a franchisee clear? Are your family members similarly obligated?
  2. Who is responsible for selecting the location of your business?
  3. Is the name or trademark of your franchise legally protected? Can the franchiser change or modify the trademark without consulting you?
  4. Has the franchiser made any oral promises that are not reflected in the written franchise agreement?
  5. What are your renewal rights? What conditions must you meet to renew your agreement?
  6. Do you have exclusive rights to a given territory or could the franchiser sell to additional franchisees who would become your competitors?
  7. Under what terms are you allowed or required to terminate the franchise agreement? What becomes of the lease and assets if the agreement is terminated? Are you barred from opening a similar business?
  8. Under what terms and conditions are you permitted or required to sell some or all of your interests in the franchise?
  9. Are you required to buy supplies from the franchiser or other specified suppliers? Under what circumstances can you choose your own suppliers?
  10. Has your attorney studied the written franchise agreement? Does it conform to the requirements of Government rules?

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Material Breach


The promisor is guilty of material breach of contract if his or her performance fails to reach the degree of perfection the other party is justified in expecting under the circumstances. Such a promisor has no right of action under the contract and is liable to the other party for damages resulting from the breach. If the promisor’s defective performance conveyed some benefits to the party that cannot be returned, the promisor may, under a quasi contract theory, be able to recover the reasonable value of benefits conferred from the other party.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

A Bad Boss


Bad bosses are people too, with their own fears, feelings, strengths, and weaknesses. Sometimes the pompous ones are basically shy and insecure. The ones who yell at people and unduly assert their aggression may be having significant family problems. Bosses with personal health problems may take these out on the staff. Still other bosses may be nice people who are simply in over their heads, and have absolutely no aptitude for the jobs.

By realizing that human frailties often underlie even the most objectionable qualities of bad bosses, employees can be in a better position to deal with them, and to judge whether the situation is temporary or hopeless. They may help them decide whether to stick it out or quit the job.

Even though a bad boss counts on the inertia of the human spirit, you can break free of the intangible bonds that bind. Also beware of some of the tangible bonds. Whatever you do, don’t lock yourself into an enormous mortgage, or you will not have the option of cooling off in another job at a reduced salary. There is a shortage of skilled labor, and a tremendous shortage of versatile labor (people who will accept a total change in career direction when circumstances dictate). Even if you end up with a different bad boss, at least the change will be refreshing. Remember that the average worker will have between four and six complete job changes in the course of working lifetime, so you don’t need to be caught in the “one company, for better or for work” trap for your whole career.

People need a mission in life. If this is denied by a bad boss at work, there are other ways to fulfill this need—ways that will still allow an overall sense of accomplishment. It is obviously bad business for any company to have such a reversal of energies affecting its operation. However, concentrating most of their energies on pursuits outside of work is a common defense against the bad boss when employees elect to stay with their jobs rather than resigning.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Delayed Performance


Delayed performance will always justify a claim of damage where it can be shown that loss was occasioned by the delay. Most courts hold, however, that delayed performance will not be a material breach justifying rescission unless performance by a certain date is a condition precedent in the contract. If the late performer has any reasonable excuse for delay, the courts may allow damages but will seldom agree to rescission.

In agreements for the sale of marketable merchandise, however, a contract calling for shipment or other performance within a designated time is generally held to be a condition precedent. The difference between merchandise contracts and other contracts is in the position of the injured parties. A delay of a week in obtaining possession of a new home would not likely be crucial to the average home buyer. But a merchant’s success depends on the prompt delivery of goods to customers. Often advertising and sales programs are scheduled around specific delivery dates. Consequently, a delay in the shipment of merchandise is usually held to be a material breach.

Delay cannot be tolerated indefinitely in any kind of contract, however. After the passage of a reasonable time without performance the courts will permit rescission in almost any kind of contract. What is a reasonable time will vary with the type of agreement and all the surrounding circumstances. If no date is specified in the agreement, the courts interpret this to mean that performance must be done within a reasonable time. When time is of great importance, the contract should always be drafted to read that “time is definitely of the essence in the performance of this contract.”

In a bilateral contract, the injured party cannot regard the other party as being in default until the injured party has offered to perform. In legal circles, this offer by the injured party is called a tender. Depending on the terms of the contract, the tender must be either an offer to pay or an offer to perform a service.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Sources of Innovation


There are two sources of innovation: functional and circumstantial. Functional sources answer the question: where do the innovations come from? Do the come from within or from outside a firm? Where exactly within the firm? Circumstantial sources answer the question: when or under what circumstances can one expect the innovations?

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

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