Trafalgar News Page

Handling Conflict within the Partnership by Simon Taylor

When things are going well, with profits up and the firm going places, it is very easy to overlook, or even accept, individual idiosyncrasies and conflicting agendas within a partnership. When the cycle turns, however, such issues can too easily turn into crises. The potential conflict was always there; what has changed is the acceptance of the partners to this situation.

Of all the issues that people tend to avoid, managing conflict ranks at the top of the list, along with public speaking and swimming with sharks.

Many people see conflict as indicative of a problem. Disagreement feels uncomfortable and threatening. When there's no open conflict, a partnership can carry on as though things are all right even though individual partners know they aren't.

It is very rare for open warfare to break out without warning. Too frequently, the warning signs are there, but are ignored. The soft option of brushing disagreements under the carpet, and hoping they remain there, is too tempting.

It is, however, vital for a partnership to acknowledge the potential conflict. It is impossible to reach resolution without such acknowledgement, and without resolution, conflict merely becomes an opportunity to recycle old arguments, disagreements and opinions; nothing moves forward, feelings get stirred up and reinforced.

Managing conflict can actually be exciting and rewarding. It can be a chance to get to the heart of a problem, rather than only focusing on the superficial or obvious issues. Most conflicts have core causes and once these are addressed, conflict becomes an option to choose rather than run away from.

There are a number of ways of dealing with conflicts:

1. Avoiding - withdraw from the conflict situation, leaving it to chance.
2. Harmonizing - generally cover up the differences and claim that things are fine.
3. Bargaining - negotiate to arrive at a compromise, bargaining for gains by both parties
4. Forcing - push a party to accept the decision made by a leader or majority.
5. Problem solving - confront differences and resolve them on a collaborative basis.

Only problem solving will actively address the underlying issues. A strong Managing Partner may feel option 4 above is the way to go; option 3 likewise has its supporters. Neither of these options, however, will resolve the causes of the conflict.
Unfortunately, by the time conflict emerges into the open, personalities tend to get in the way of problem solving strategies. An outside facilitator may therefore be necessary.
That, however, may itself cause problems. Will both sides accept the same outside facilitator? It is not unusual for matters to have progressed to such an extent that if party A accepts the facilitator, party B automatically will not. An experienced facilitator is therefore vital.
As is the acceptance of both sides that, ultimately, a law firm is a business which requires active management. The facilitator therefore needs to work with the partnership as a whole, to gauge the views of the partnership as a whole, and encourage the parties to the conflict to come to the correct decision for the firm.
Firms which fail to resolve the underlying causes of conflict will rarely prosper. Firms that manage actively to address conflict within their partnerships will gain enormously in experience and respect. It is all made easier with the help of a facilitator – for information contact simon@trafalgarpeople.com.