Res Judicata


The old Latin legal phrase, res judicata, means a thing already decided and settled. Res judicata is a legal principle quite consistently followed by almost all courts. It is the rule that a final judgment or decree on the merits of a matter by a court of competent jurisdiction will be final and conclusive as to any later lawsuit on all points or matters determined in the former suit. This means that between the parties themselves the dispute is closed at the conclusion of trial. However, this does not prevent a lower court decision from being appealed to a higher court.

This principle of res judicata prevents  an unsuccessful litigant from taking an unfavorable decision to another trial court for a second lawsuit on the same complaint or same set of facts. Res judicata applies between the parties in a civil lawsuit, affecting those parties and no others.

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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Translating Information into Action


Information must be actionable, if it is to be of value to you. That means it must include a customer profile (most often consisting of demographics and buying behavior—psycho-graphics—that enables you to assign all of your customers to one or another of your defined segments. Unless you’re both ready and able to use the results of all this effort to alter your marketing strategy, your money is probably better spent elsewhere. Segmentation only pays off if you use it to fine tune your marketing program.

If you have computed the lifetime value for each segment, you can now make a very scientific assignment of resources to customer groups. You can be selective in this process. If you choose, focusing on just a few segments—or even one. In fact, that may be a good way to validate your ideas before you institute any large-scale changes in your marketing strategy. The important thing is that you use the information to adapt marketing into a more customer-focused and less product-centered approach.

Often you can finance new marketing initiatives by re-deploying the budgets previously spent in pursuit of unprofitable business, because you can now recognize it for what it is. Screening out can be as important as targeting.

You can then assign an appropriate percentage of your marketing budget to each segment which merits pursuit, echoing the percentage of profits that segment has the potential to generate. Consider members with lower grades within a well-defined, profitable segment as areas of opportunity. You know that companies with a given cluster of needs and buying behaviors can be profitably attracted to your offerings and way of doing business. All that remains is to focus on expanding penetration there.

Put your marketing imagination to work. Because you now understand the priorities of each segment so well, you’ll also know how to determine the most potent messages for each, and the media mix that can best deliver it. In addition, because the economics of each segment are clear, you can develop a plan that matches communications alternatives to allotted budget on a cost-per-contract basis.

As a result, most of your money will be invested where the profit potential for developing loyal customers is the greatest. Whilst this strategy appears to be self-evident, it too seldom happens in real life decision-making, since quantification of potential profitability by market segment is sadly lacking.

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.

Response to Failure


What happens when someone makes a mistake that sends you through the roof? What happens when you want to rip a person apart for having made a mistake, even when he or she acted within the established guidelines?

First of all, it is important to recognize that those feelings are not a sign of weakness, they simply mean that you are human. The important thing is what you do with those feelings.

If you act on them immediately, more than likely you will destroy any trust you have established between the person and you. Any progress you have made in convincing people that it is okay to fail can be undone in an instant.

You will be better able to accomplish your objectives if you will abide by this unwritten rule: Never reprimand a person unless you are in full control of your own thoughts and emotions. This way you won’t say or do things that may result in momentary satisfaction in the short term but regret in the long term.

I am not suggesting that you never show emotion to your people that you let them know you are angry or upset. Showing your people how you feel can be quite beneficial at times, provided it is shown in an appropriate way and for the right reasons.

When you respond constructively to people’s failures you are doing the single most important thing you can do to let them know that it is okay to fail.

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.

Equal Employment Opportunity


For the last 5-6 decades, women and ethnic minorities have sought equal employment opportunities. These include the desire for a) equal pay for equal work; b) jobs for women and minorities in high-pay, high-prestige occupations—in approximate proportion to their members in the general population; c) a fair chance for women and minorities to be promoted to better jobs based on merit; and d) recognition of the special problems women and minorities face.

Even though the number of working women has grown many times faster than the number of working men, they are concentrated in clerical and service jobs, where they earn less than men for the same work—even when education and work experience are equal. Women also suffer from untrue stereotypes and absenteeism and emotional instability. And they sometimes have to do much better work than their male colleagues to be promoted.

Business can help create equal employment opportunity by providing women with role models—examples of productive and successful women—and by promoting them when they deserve it. Business can also offer flexible work schedules, day-care facilities, and leaves of absence for child-care when necessary.

Business can help minorities to achieve equal employment opportunities by actively seeking them as employees, by redesigning job requirements so as to rely more on skills and less on traditional backgrounds, by financially supporting minorities who want more education, and by placing minority employees in mainstream jobs where rapid promotion based on ability is customary. Many businesses are also helping minorities by buying some of their supplies from minority-owned small businesses.

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.

Mobilizing Support for Change Managers


Despite using the principles of influence, social networks and negotiation, change efforts in an organization can falter for different reasons. There has been a great deal of interest in finding out why people are so unwilling to stop out of their comfort zones and accept change. Some of the major  impediments to change are:

  • People believing that the change effort is yet another fad: Over a period, many employees have come to perceive different change programs as fads because they associate these with previously failed initiatives. As a result, they do not pay attention to the merits of the arguments. Change induces dissonance, and people often reduce the resulting stress by reverting to previously held assumptions, beliefs, and behaviors.
  • People who believe that change agents are not credible: Employees tend to view the strength of the change idea by associating it with the person who advocates that position. In other words, if the change manager is credible, the idea is seen as convincing. On the other hand, when the manager is perceived as untrustworthy, people tend to reject the change ideas.
  • People who have difficulty unlearning old ideas and approaches: Most often, people do not know how to stop what they have already been doing. When they are faced with uncertainty and ambiguity, they feel a sense of loss of control and this leads them to persist with their existing methods and approaches.
  • People who have difficulty learning new patterns of behavior: When people face unfamiliar situations, they often fail to comprehend the complexities of the situation. They may also feel apprehensive that if they try out new behaviors and fail, they would attract criticism. Faced with a fear of failure and believing that change would make little difference, they may refuse to invest in learning new methods and approaches.
  • People who feel that change threatens their identity: When faced with crises or threats, people tend to uphold their pride rather than appreciating the learning challenge that it offers. There is great comfort in existing belief structures, as these constitute one’s personal identity. Any attempt to change behavior may be seen as a challenge to that identity. As a result, it generates resistance to change.

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, Line of Sight

Change and Satisfaction


Organizational change can be protracted and costly. For example, termination payments to people and penalties relating to changed property arrangements can both be expensive. In some companies it would appear that decisions regarding who should be kept or made redundant are governed more by accumulated rights in the event of termination than managerial merit or quality. Some assets are also difficult to dispose of in a recession.

Occasionally, companies become carried away with concepts and push their application to the extreme. Judgment is needed to decide how far to go in relation to the current situation and context of a company.

For a period, and until the benefits appear to come through, corporate transformation may be accompanied by a slide in the employee satisfaction ratings. The trends need to be monitored, the causes identified and, where appropriate, remedial programs put in place. Opinion surveys can be used to track attitudes to change in various parts of the corporate organization.

Understanding the reasons for dissatisfaction could lead to a change in transformation priorities, if not in direction. Japanese companies, such as Honda encourage their staff to be dissatisfied with whatever has been achieved in order that they will aspire to do even better.

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, Line of Sight

Strategies for Weak Businesses


A firm in an also-ran or declining competitive position has four basic strategic options. If it can come up with the financial resources, it can launch an offensive turnaround strategy keyed either to low-cost or “new” differentiation themes, pouring enough money and talent into the effort to move up a notch or two in the industry rankings and become a respectable market contender within five years or so. It can employ a fortify-and defend strategy, using variations of its present strategy and fighting hard to keep sales, market share, profitability, and competitive position at current levels. It can opt for an immediate abandonment strategy and get out of the business, either by selling out to another firm or by closing down operations if a buyer cannot be found. Or it can employ a harvest strategy, keeping reinvestment to a bare-bones minimum and taking actions to maximize short-term cash flows in preparation for an orderly market exit. The gist of the first three options is self-explanatory. The fourth merits more discussion.

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, Line of Sight

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