Thursday, July 13, 2017

A633.2.3.RB_GowensBrianne-Butterfly Effect

Growing up, we are often taught that cause and effect are somewhat standard and predictable. If you eat your vegetables, you’ll grow to be tall. If you study hard, you’ll get good grades. If you are kind to a friend, they will be kind in return. As we get older, the lessons change, but hold a similar theme. If you work harder than others, you’ll be promoted first. If you spend time with your kids, they’ll be well behaved. If you break the law, you’ll be punished. The contracts Law of the Conservation of Energy summarizes this idea as “the effort you put in will dictate the result you get out” (p. 71). Take small actions, and results will be small in return. Take large actions, and the impacts will be much larger. Lorenz’s Strange Attractor, or Butterfly Effect, shifts this idea to a state where small actions could have huge impact, and results are often produced in unpredictable and unconventional ways.
For humans, who are “sometimes too good” at linking cause and effect, the butterfly effect can be a difficult concept to grasp, especially for those who have not thought about how this has played out in their own life and/or career (Sullivan, 2011). I have seen real evidence of the butterfly effect at my organization, starting with two small changes that yielded big results.
Small Changes to the Contract Organization Yielding Large Results
Creating a “Selling Team”
Many on the periphery would argue that the sales person sells the product and the contract person steps in to finish the paperwork. This perception lead to a big change within my organization: the creation of something called a “selling team.” The selling team is comprised of three key individuals who are critical to completing the sale of the product. First, is the sales person, who is responsible for acquiring the customer, building the relationship, and introducing key stakeholders to one another. Second, is the marketing person, who is responsible for understanding the customer’s needs and explaining how the product can address such needs. Finally is the contracts person, who is responsible for listening to the conversations going on in their periphery and balancing the needs of the customer with the level of risk the company is willing to take. The contracts function is critical to the risk/reward analysis of every deal. Through this analysis, the selling team is able to strip costly risk items out of the agreements, resulting in the ability for the organization to reduce its price and increase its chances of capturing the sale.
Before the creation of the selling team, each of the three functions mentioned above acted consecutively instead of in parallel. The sales person did his or her part and then handed the customer off to the marketing person. The marketing person would adequately explain the project and then hand the customer off to the contracts person. The contracts person would capture the terms of the agreement and then the deal would be done. The issue with this approach is that: (1) the process took way too long, averaging around 12 to 18 months for a single sale, (2) the terms of the deal were difficult to capture because the contracts person was not brought into conversations until they were nearly complete, and (3) the relationships between each function were strained because the individuals never worked on tasks together and consequently saw each other as a roadblock. Since the creation of a selling team, the average time to close a deal has decreased dramatically, down to 3-6 months. This small change of creating a team that traveled throughout the life of the selling process together resulted in significant improvements to the sales process and therefore to the bottom line.
Diversification and New Functional Alignment
Another small change made within my organization that yielded big results was the decision to realign the contracts function to sales leadership instead of the legal department. Traditionally, contract negotiators were seen as a legal branch of the company. This perception made sense because many of the terms and conditions within the contract had a legal reason for being there. Consider, for example, indemnification, governing law, arbitration, liability (etc.); each of these are terms that are traditionally negotiated between the legal teams at each company. However, if you step back and look at a sales contract in its entirety, the legal terms only make up about 10-15% of the total contract document. The rest of the contract contains business terms like payment, delivery, price, and statement of work.
As a result of having the contract teams aligned to the legal function, all of the employees responsible for contracting for the sale of the product were lawyers. This meant that highly trained lawyers were negotiating non-legal terms and conditions. Many argued that this resulted in contractual agreements that were overburdened with risk terms, which customers viewed as costs to their own bottom line. So, close to seven years ago, the organization changed one thing – it realigned the contracts organization to a sales leader instead of to a legal one. This small change resulted in a complete revitalization of the contract negotiation function, which included a deliberate effort to remove most of the lawyers and replace them with people who understood the business terms. Today, the contracts team includes engineers, tax specialists, finance majors, insurance brokers, and expert writers/drafters. The legal function is no longer marketed as the negotiation specialists, but rather a resource for the negotiation specialists. The effects of this change continue to be felt by the entire company, as the selling process is more streamlined than ever.
Implications of Complexity Theory and the Potential to Drive Improvements
The implications of the complexity theory are fairly significant for my organization because it tends to be slow to react to change and very hesitant to put the system ahead of the individual components. In other words, the groups within my organization tend to work in silos. Each group has its own piece of the pie that it must contribute, but it rarely looks outside of its own piece to see how that piece contributes to the overall pie.
Gleeson (2013) explained that working in silos is not instinctual, rather it is a result of poor leadership. This is a serious issue in my company because many of the teams that must contribute to our organizational pie are working in an atmosphere where competition, not collaboration, is encouraged. Many of the leaders have put a value on proving other teams to be wrong, which results in a system that experiences significant dysfunction. The concept of complexity science will be difficult for my organization to grasp because it requires each team to become more invested in the other pieces of the pie. If the organization as a complete system operates in a dysfunctional manner, then leaders must fight the instinct to try and separate the functions in an attempt to identify the “weak” link. Rather, leaders at my company will have to look at the way all of the functions interact with each other in their own unique and complex way.    
One of the most common phrases I’ve heard in my team, including from the leadership, is “that’s not part of my job - the [fill in the blank] group is supposed to do that.” So how can my organization embrace the concepts of complexity theory and become stronger as a unified system? To start, leadership must start encouraging collaboration and cross training. Rather than worry that the success of one group will make the other look less effective, employees must learn to encourage and support each other on a consistent basis. According to a study published by Toren (2015), “employee productivity and satisfaction increases by 15 percent and 13 percent respectively when collaboration is formalized as a cornerstone,” so I would argue that embracing complexity science concepts may lead to happier employees and a more profitable organization in the long run.

References

Gleeson, B. (2013). The Silo Mentality: How To Break Down The Barriers. Forbes. Retrieved from https://www.forbes.com/sites/brentgleeson/2013/10/02/the-silo-mentality-how-to-break-down-the-barriers/#61d418ad8c7e

Obolensky, N. (2014). Complex Adaptive Leadership: Embracing Paradox and Uncertainty (2nd ed.). New York, New York: Gower Publishing.

Sullivan, T. (2011). Embracing Complexity. Harvard Business Review89(9), 89-92.

Toren, M. (2015). 4 Warning Signs Your Team Is Working in Silos, and How to Destroy Them. Entrepreneurship. Retrieved from https://www.entrepreneur.com/article/250477

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