Alternative ways to resolve a conflict


Types of mediations

One of the best ways an entrepreneur can findstrategy will help you maintain your autonomy
the investment money he or she needs to growyour fate and that of your business remains
their business is by finding a strategic orin  your  hands,  not  your  partners.
joint venture partner. In a good partnership,
each partner will bring expertise or assets5.Map Out Your Mutual Expectations In Writing
that the other party is missing, but that are
necessary for the business to be successful;Before you get started, and possibly before
for  instance:  CASH!you meet with your lawyer, prepare a plain
English roadmap of the relationship between
If done correctly, a partnership can be greatyou and your partner. Some major advantages
a way to grow your company withoutare:it allows you to draft the partnership
implementing difficult and time-consumingagreement with your lawyer before presenting
changes to your business. A partnership canit to your partners lawyer;its flexible
help you increase your market share, gain astructure enables you to experiment with
new competitive advantage, and help you todifferent relationship configurations to see
respond and adapt more quickly to change inwhich one youre most satisfied with;youll
the  marketplace.have a clearer idea of what you want from the
partnership; andmost importantly, you can
But, business partnerships can be tough, andclearly distinguish business issues from
getting out of a bad one can be worse than anlegal issues, and use lawyers only to discuss
ugly  divorce.the latter which will save you money on legal
fees.
In my practice, entrepreneurs often come to
me when its too late. In a typical scenario,This  brings  us  to  the  next  point.
communications have broken down between the
partners, they have been kicked out of their6.Get  Legal  Advice  Early
business, money has been stolen, and everyone
is  about  to  sue  everyone  else.Get legal advice from the beginning. Let your
lawyer know what your goals are and he or she
Let me put this into tangible terms for you.will let you know what you need to do to get
What I have found is that when I help mythere. A lawyer can also assess how realistic
clients outline their relationship with theiror beneficial your aspirations are. They can
partners in writing before they get started,help you strategize your negotiations and
it will cost them between $1,500 and $7,500plan what to ask for and when. Also note that
for a simple partnership. When clients do notthe attorney representing the other side is
do this up-front work and hire my firm to suethe one you should look out for. You and your
their partner (or defend a lawsuit) whenfuture partner should discuss the business
things go bad, it can cost up to 10 TIMESside of your relationship first and, if
that  amount  in  litigation!possible,  only  introduce  lawyers  later.
What I have found is that when future7.Dont  Do  Everything  Yourself
business partners hash out the terms of their
relationship before they get started, theyA good leader knows when to delegate
have longer and more successful partnerships,responsibilities. Dont try to do everything
and they save a considerable amount of moneyyourself. Assuming youve already taken the
on legal fees. To help future businesssteps to carefully choose reliable
partners get the conversation started, I haveconsultants and employees, communicate with
created a Business Partners Questionnairethose working for you. Lawyers, accountants
that helps future partners begin to outlineand managers can provide an objective,
their relationship in writing. To get yourspecialized perspective and a more realistic
FREE  copy,  email  me  attone to what might be an overly optimistic
plan. Having technical and expert advisers on
Here are a few other suggestions to help keephand can also help you understand financial
you  and  your  partners  out  of  court!and operational implications pertinent to
both  parties.
1.Go  Back  to  the  Basics
8.Haste  Makes  (Costly)  Waste
Before you even start hunting for a potential
partner or decide that a partnership isIts true, time is money. But ignoring details
definitely the way to go, take a look at yourand attempting shortcuts will likely cause
business plan. Decide whether such a move isdelays or worse, bad decisions when forming a
in line with you business goals. What arepartnership. Remember, if your partnership
your organizational goals? Would ablows up, it will cost you far more time,
partnership help you achieve these goals? Ismoney and heartache than if you do things
it consistent with the objectives of yourright  from  the  beginning.
company? A partnership is not a magic bandage
that will solve your companys problems. If9.Dont  Overlook  Details
you feel that your decision to partner is a
defensive move, it maybe an indication of aAs an entrepreneur, you already have a knack
core problem that should be fixed within yourfor seeing the big picture. Its the details,
company, not externally. Similarly, dont rushhowever, that will add value to your vision
into partnership because you rely on one toin the long run. Covering the following bases
start  your  business.will help buffer you against uncontrollable
changes in the market, operating costs, and
2.The  Deadly  Es:  Ego  &  Emotioneven sentiments between you and your partner.
Before you get started:establish the
The deadly Es can trap you in a potentiallyobjectives and expectations of each
awkward situation with your partner.partner;determine each partners contribution
Surrounded by a myriad of official documentsin terms of funds, skill and time;assess how
and important decisions to be made, your egomuch revenue will be allocated relative to
can cause you to make claims and opinionsthe amount and type of work done;assign the
that can come back to bite you later on. Forroles and related tasks of each partner; for
example, by distinguishing yourself as theexample, decide who will manage the
companys official decision maker, you becomepartnership, who will get training and hire
responsible for your partners decisions too.employees, etc.;form evaluation objectives
Just as dangerous are your emotions, whichand plan ways to monitor and assess
can lead you to form unrealistic expectationsperformance; anddetermine a procedure to
or  impromptu  promises  or  commitments.resolve problems when things break down; for
example,  mediation  or  arbitration.
3.Dont Ignore Possible Opportunities/Stay
Flexible10.Trust  Your  Gut
Cash-strapped entrepreneurs have a tendencyMy present partner excluded, I have been
to stop their search for a partner once theyguilty of some bad decisions about business
find the first person who demonstrates anpartners. I was involved in a partnership
ability to write a check. Remain uncommittedwhere I owned and managed an investment
until you sign an agreement with yourproperty in a ski resort with two other
potential partner. Actively cultivating yourpeople. My partners were social acquaintances
alternatives can give you a betterwhose company I enjoyed very much in that
perspective on the partnership process andtype of setting. However, throw money,
allow you to ask yourself, is thisemotions, power, and economic risk in the
partnership truly the best option? Keepingmix,  and  things  quickly  got  tense.
your options open can help you compare the
relative advantages and disadvantages of eachThe first indication that the business
alternative, including that of a partnership.partnership might not be a good one was in
Not only does this prevent you from devotingthe very beginning. We were sitting in a
excess time, money and effort on thequaint Vermont restaurant and one of the
sub-prime partner candidate, but you get thepartners threw a temper tantrum about making
assurance that whatever decision you made wasan offer on a property we were considering.
the  best  one.What was a very logical and arithmetic
decision for me, was a very emotional one for
Also, consider possible opportunity costs.this person. After the outburst, I had a bad
Along with the benefits of a partnership, youfeeling about the interpersonal dynamics of
also assume liabilities, like your partnersthe partnership. I decided to go ahead anyway
competitors. Will this fact conflict withbecause the economic prospects were
potential  opportunities  in  the  future?outstanding.
4.Form an Exit Strategy Before You GetSure enough, in less than a year we were not
Startedon speaking terms. Luckily, before we got
started, I insisted on an iron-clad
Be realistic. Conflict is inevitable and youpartnership agreement that had a mechanism in
never know how severe it may get. Although itit for me to get out. I ended up making money
seems cynical, you should think of how youllon the investment, but not enough to pay for
exit from the partnershipbefore you geta years worth of arguments, stress and
started. Consider it staying prepared fordistraction from my law practice. I didnt
your next opportunity. While you and yourtrust  my gut and it cost me in the long-run.
partners are still on good terms, its crucial
to determine how to allocate your businessA business partnership is truly a marriage.
assets in case you and your partner decideAs all marriages go, when things are good,
not to work together anymore. You should alsotheyre great, and when theyre not, look out!
agree about what to do with the business orIf you get a bad feeling about your future
assets in case of an untimely termination,partner, trust you instincts, they are
such as a partners death. Having an exitusually correct.



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