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Strategic Restructuring:
Partnership Options for Nonprofits

La Piana Associates
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The Forms of Strategic Restructuring

Deciding to Restructure

Funding the Strategic Restructuring Process

The Negotiations Process

Due Diligence

Financial Issues

External Communications

Implementing a Partnership

Integrating the New Organization

Leadership and Management

Human Resources

Working with Consultants

 

 

 

Tips and Answers to Your Questions
Human Resources

Should You Hire a Consultant for Your Strategic Restructuring Process?

As your organization begins to consider strategic restructuring, one of the questions you will be faced with is whether or not to hire an outsider - a consultant - to help facilitate the process. This is a difficult question for many nonprofits. More often then not, funds are scarce, the process has lots of known and unknown costs, and the added expense of a consultant can seem daunting. You might have a professional facilitator on your board, or there might be one on your potential partner's board, either of whom could potentially do the work pro bono. Or it may be that the organizations know each other well, with the executive directors and/or board members having worked together successfully in the past, and thus you don't foresee any problems in putting the strategic restructuring effort together.

Regardless of the reason for your hesitation in hiring an outside consultant, there are several advantages to doing so that you should consider.

  1. Neutrality. The first step of the negotiation process is the identification of all issues that will need to be addressed and resolved before the parties can agree to go forward with the partnership. Each of these issues will need to be discussed, negotiated, and agreed upon. While some issues will be easily resolved, others will be very difficult. Getting through these discussions can be tough, and if the person leading the discussions is at all perceived as siding with one side or the other (whether or not they truly are), the process will be much more difficult. An outside consultant who has been hired by both (all) parties can be the needed neutral entity to lead the parties through the minefield of negotiations.
  2. Experience. One of the primary advantages of strategic restructuring is that it allows organizations to find creative solutions for strengthening their services and reaching their goals. Using a consultant with strategic restructuring experience can help enhance the level of creativity used to accomplish a strategic restructuring effort. Most executive directors and board members have had little direct experience with strategic restructuring. Bringing in a consultant who knows the field well allows you the benefit of such experience. He/she will be able to offer a variety of possible solutions to problems and issues, point out important milestones or issues that might otherwise be overlooked, and bring forward examples of other successful strategic restructuring efforts. In doing so, he/she can help you create the best possible partnership or new organization.
  3. Timing. Very often organizations spend a great deal of time talking about pursuing strategic restructuring, but are never quite able to make it happen. Potential partners may talk about it and meet about it, and talk about it and meet about it, and… Sound familiar? We have worked with organizations that have been talking and meeting for as long as 10 years. There are many reasons such processes can drag on for so long. Perhaps the executive directors or board members who are trying to lead the effort are facing many other pressures and demands, and simply do not have the time to manage the details of a strategic restructuring project on top of their regular jobs. Or perhaps the issues that need to be resolved are those on which it is difficult to reach consensus, and resolution keeps being postponed. In still other cases, internal facilitation efforts may break down when things get difficult, and the facilitator is seen to be favoring the interests of one party or another. Regardless of the reason for delay, an outside consultant can help move things along. His or her goal is to bring the negotiation process to the best possible outcome (regardless of what that outcome is) as quickly as possible, and thus he or she will keep you moving forward. The consultant is typically hired to coordinate the meetings and write/distribute the minutes as well as to facilitate the process, making less work for others. While staff and board members will need to be involved with due diligence and other such "homework" items between meetings, the consultant can help coordinate the work, taking the burden off of executive directors or board members. Most importantly, the consultant can help guide those discussions that are necessary but difficult, and bring them to conclusion.

If you decide that hiring an outside consultant is the right way to go, there are a couple of things you should keep in mind:

  1. We recommend against using an attorney as a primary consultant. Attorneys tend to have a more adversarial approach to facilitating - win/lose as oppose to win/win (see May 99 tip). For a successful strategic restructuring effort, you really want to reach agreement based on consensus and a mutual belief that a fair process was used. This may not always be the result if an attorney is used. Additionally, most of the decisions being made during negotiations are not specifically legal decisions, but instead deal more with management, governance, mission, programs, etc. Although there is definitely a role for attorneys in strategic restructuring processes, their advice will typically not be needed until toward the end of negotiations, when it is time to decide on a final legal structure for your partnership and file any necessary paperwork to implement it. Before that point a management consultant specializing in strategic restructuring will have more insight into and experience with the issues being raised and negotiated.
  2. If money is an issue in hiring a consultant, consider approaching your traditional funders for assistance. Taking on a strategic restructuring effort demonstrates an organization's commitment to improving the organization's effectiveness and ability to fulfill its mission, something many foundations look for in funding opportunities.

Finding a consultant experienced in strategic restructuring may not be as easy as finding one whose specialty is in a more common area, such as fundraising or strategic planning, but such individuals are out there. Check with the foundations from which you typically receive funding; they may have had other grantees pursue similar projects, and might be able to recommend names. You can also check with your local community foundation or management support center. Several of these have started initiatives around strategic restructuring or strategic alliances in recent years, and even those which have not may be affiliated with consultants who have strategic restructuring experience. Lastly, talk to the leaders of other nonprofits who have gone through a strategic restructuring process and find out about their experiences. If they used a consultant, how did it go? Is this someone they would recommend? Do they have any other tips or advice they can give you?

Good luck!