Out-of-Court vs. Court Restructuring

When a company faces severe financial difficulties, the path to recovery can seem daunting. Deciding between an out-of-court restructuring and court protection is a crucial step. Understanding the differences and benefits of each approach can help businesses navigate through financial distress more effectively.

 

Can I Restructure my Company Out of Court or Do I Need Court Protection?

When dealing with significant financial challenges, businesses have two main pathways to consider: in-court restructuring (also known as Chapter 11 bankruptcy) or out-of-court restructuring. Out-of-court restructuring is a strategic approach companies take when facing financial distress to renegotiate their debt obligations with creditors outside of formal judicial proceedings. This method offers a potential path to recovery that can benefit both the debtor and the creditors if managed effectively and collaboratively.

Unlike formal Chapter 11 bankruptcy proceedings, which have judicial oversight, out-of-court restructuring is a collaborative process between the company and its creditors. The shared objective is to restore the company’s financial health to a sustainable state, avoiding insolvency.

Factors Influencing the Decision

Making the decision to opt for out-of-court restructuring or in-court proceedings like Chapter 11 is influenced by several factors, including:

  • The Company’s Current Liquidity: Companies with sufficient liquidity may have more time to negotiate out-of-court.
  • The Complexity of the Company’s Capital Structure: Companies with simpler capital structures and fewer creditors may find it easier to negotiate and implement an out-of-court restructuring.
  • The Urgency of Its Financial Situation: Companies facing imminent liquidity shortfalls may have to resort to the formalities of a court-supervised process.

Success Factors for Out-of-Court Restructuring

The success of out-of-court restructuring largely depends on the willingness of creditors to negotiate and the company’s ability to present a viable turnaround plan. It requires a high degree of cooperation and agreement among all parties involved, and unanimous or near-unanimous consent from the affected creditors is typically necessary. If successful, it can preserve the company’s value and operations without the stigma and operational restrictions that come with a bankruptcy filing. However, if the company cannot secure agreement from its creditors, it may have no choice but to seek protection under bankruptcy laws, where a court-supervised reorganization can impose terms on dissenting creditors.

Snapshot Process Comparison

Out-of-Court Restructuring

  • Informal – No court involvement; negotiations occur directly between the company and creditors.
  • Cost-Effective – Simpler and less expensive than Chapter 11.
  • Swift – This can be appealing to cash-constrained companies.

In-Court Restructuring (Chapter 11)

  • Formal – Standardized process overseen by the court.
  • Complex – Involves legal procedures, filings, and court approvals.
  • Time-Consuming – This may take longer due to court proceedings.

Advantages and Disadvantages

Advantages of Out-of-Court Restructuring:

  • Lower legal fees and administrative costs.
  • Faster resolution.
  • Tailored solutions.
  • The continuation of goodwill between the business and its creditors.

Disadvantages of Out-of-Court Restructuring:

  • Non-consenting parties cannot be forced to comply (limited binding power).
  • Agreement from multiple creditors is required and can be difficult to coordinate.
  • If negotiations break down, court proceedings may become necessary after all.

 

In short, out-of-court restructuring offers an efficient and collaborative path to financial recovery. Companies must weigh the pros and cons based on their unique circumstances. The goal is to achieve a sustainable, going-concern basis while avoiding insolvency.

 

DWH has helped hundreds of businesses through both types of restructuring processes. If your business needs advisory services, contact us to schedule a consultation today. You are not alone. We can help. At DWH, we’re here for you. Feel free to reach out for a conversation on how we can assist you as you focus on thriving rather than just surviving.

 


This post was written by Heather Gardner
hgardner@dwhcorp.com | LinkedIn
Edits made by Jordan Gunn

All companies experience change.
Plan for it with us.

 

 

5 Key Traits to Look for in a Financial Advisor

Choosing the right financial advisor is a decision that carries significant weight. Many businesses have felt the strain of financial stress, whether due to unexpected slow-downs, supply chain disruptions, or rapid growth. If you find yourself in such a situation, you might be urged or required to seek professional help. But how do you know who to choose? By cost? By personality? What qualities should you prioritize? It’s challenging to make the right choice if you’ve never faced this situation before and the stakes are high.

 

The 5 Qualities


Core Values

A good financial advisor devises strategies to maximize the value of a company and communicates these strategies clearly to each stakeholder. This proactive approach minimizes unnecessary conflicts, saving time and money that can be better spent on value-creating activities. When evaluating potential advisors, inquire about their experience with and approach to various stakeholders, such as vendors, customers, employees, and lenders/investors. Ensure their values align with yours.

Experience

Navigating financial challenges involves more than just financial models and analysis. A reputable financial advisory firm should have a wide range of business competencies and a proven track record of successfully guiding businesses through challenges similar to yours. Ask potential advisors about their experience with situations like yours and request references. Additionally, a team with real-world experience can empathize with your challenges and develop the best path forward. Make sure to ask about the experience of the individuals who will be working on your project.

Capacity

Ensure your advisor has the capacity to support your business within your required timeframe. Clearly articulate your expectations and request a written scope of work and timeline. Ask how they would handle an accelerated timeline or an expanded scope and whether any additional resources would be brought in outside of the advisory firm’s normal staff. Confirm their approach to resource management and how they prioritize client needs to ensure you receive the attention and support necessary for success.

Ability to Listen and Understand

A financial advisor’s ability to listen and understand your needs is crucial. They should be willing to listen to the issues you are facing and then develop a comprehensive plan to address these issues. Do they ask probing questions and listen to your answers? Do they communicate in a way that is easy to understand and relatable? An advisor who listens well can tailor their strategies to your specific circumstances and simplify complex financial concepts, ensuring you are fully informed and confident in the decisions being made.

Seeing the Bigger Picture

You need a financial advisor who can frame issues within the broader context of your operations and mission. What other issues are present? What sub-issues exist? What are your goals? How will the issues impact other stakeholders? Your advisor should ask questions that demonstrate a focus on overall business success, not just immediate problem-solving. By seeing the bigger picture, an advisor can identify potential risks and opportunities that might otherwise be overlooked, providing a holistic approach to navigating financial challenges and driving sustainable growth.

 

Choosing the right financial advisor can be daunting, but remembering these five qualities can help you select an advisor who best represents your interests and aligns with your core values.

 

At DWH, we understand that every business faces performance challenges at some point. You are not alone. We’re here to help. Reach out to us for a conversation on how we can assist you in thriving, not just surviving.

 


This post is from the DWH archives
Original content written by Heather Gardner
hgardner@dwhcorp.com | LinkedIn
Edits made by Jordan Gunn

All companies experience change.
Plan for it with us.

 

 

If you found this topic interesting, our strategic partner, JACO Advisory Group published content you may find relevant as well: 4 Qualities to Look For When Selecting a Financial Advisor to Super Charge Your Business Results

The DWH Business Assessment Tool Explained

At DWH, we believe that informed decision-making is the cornerstone of business success. Our comprehensive business assessment process is one of our most effective tools in this endeavor. Frequently, clients ask us about this process and its benefits. Here’s an in-depth look at what it entails and how it can help your business thrive.

A Deep Dive into Your Business

Our business assessment is designed to gather both quantitative and qualitative data, ensuring a holistic understanding of your operations. This meticulous process allows us to identify gaps between your current practices and industry best practices. We then develop tailored recommendations to bridge these gaps, driving your business toward excellence. Here’s how we do it:

Comprehensive Information Request: We begin with a detailed request for information, covering various aspects of your business operations, finances, leadership, and market positioning to ensure we have a thorough understanding of your current state.

In-depth Interviews: Our team conducts interviews with key leaders and stakeholders to gather qualitative insights into leadership dynamics, strategic vision, and organizational culture, providing a deeper context for our assessment.

On-site Observations: Our team visits your business premises to observe operations firsthand, focusing on four critical areas: Leadership, Operations, Finance and Management Information, and Sales and Marketing.

Actionable Insights for Immediate Impact

Upon completing the assessment, we provide you with a comprehensive report that outlines:

Identified Gaps: We offer tailored, actionable strategies to address identified gaps, including operational enhancements, leadership development, financial optimization, and improved sales and marketing tactics.

Recommendations: We offer tailored, actionable strategies to address identified gaps, including operational enhancements, leadership development, financial optimization, and improved sales and marketing tactics.

Prioritized Action Plan: We provide a step-by-step roadmap prioritizing actions based on impact, helping you focus on critical tasks to achieve efficient progress and sustainable growth.

We present this report in a collaborative session with your leadership team, ensuring clarity and understanding. Our goal is to empower you to take decisive action, and we often assist with implementing the recommendations. If specialized expertise is needed, we help you find the right providers to ensure seamless execution.

Driving Value Across Business Stages

Our business assessment tool is versatile and can significantly impact businesses at various stages of their lifecycle:

Distressed Businesses: Our assessment identifies critical risks for companies in financial or operational distress and prioritizes actions to stabilize and improve performance.

Rapid Growth: Businesses poised for growth benefit from our assessment by identifying potential challenges and validating financial projections to ensure sustainable expansion.

Succession Planning: Transitioning leadership is a pivotal moment. Our assessment helps outline a clear path forward, addressing risks and ensuring the business can support the succession plan. For more insights, see our post, Succession Planning: Preserving Company Legacy.

Preparing for Transaction: When preparing for a sale or acquisition, our assessment enhances business value by improving cash flow and reducing risks, making the business more attractive to potential buyers.

Why Choose DWH?

At DWH, we understand that every business is unique. Our approach is rooted in our core philosophy: every stakeholder matters. We listen, analyze, and provide customized solutions that align with your business’s specific needs. For nearly 15 years, we have been helping companies navigate change, improve performance, and achieve their goals.

Ready to Take the Next Step?

If you have any questions or would like to discuss how our business assessment tool can help your business, please feel free to reach out. At DWH, we’re here to guide you toward your best value, outcomes, and opportunities. Change happens – plan for it, with us.

 


This post was written by Heather Gardner
hgardner@dwhcorp.com | LinkedIn

 

A Case Study in Future-Proofing a Local Health Facility

The Situation:

A community mental and behavioral health facility has been providing a wide range of residential care, counseling, and other community health services for youth, adults, and families since the 1960s. These programs represent Core Services, funded by public contract sources – 60% of its total budget, and Transforming Services, funded by donor contributions -less than 10% of the annual operating funds. The facility experienced a declining patient population due to state regulatory and procedural changes, and caretaker staffing difficulties. Despite new leadership in 2020 to initiate a wide-reaching plan to grow the organization and steamline its operations, COVID-19 and additional state regulation changes, forced the facility to reconsider its services and address operational inefficiences, while trying to maintain excellent patient care. In 2022, they enlisted DWH to assess and identify gaps between business best practices and its current state, and to provide recommendations to bridge these gaps to facilitate the improvement of the Organization’s operating and financial performance.

The Solution:

DWH developed an understanding of the facility by gathering qualitative and quantitative data through interviews with key employees and stakeholders; examining and understanding key assets (on- and off-balance sheet) and processes; and reviewing certain financial and non-financial information. DWH was able to identify and assess the facility’s current state, areas for improvement and provided recommendations that were divided into three main areas of (1) Leadership, (2) Finance and Management Information, and (3)Operations.

The Outcome:

DWH was able to identify gaps and make best practices recommendations to close those gaps. We developed and prioritized “Next Steps” for the organization including quick-win items to create momentum within the organization and longer-term projects to become part of strategic planning. Finally, the facility received a 13-week cash flow forecast summary to help with cash management, decision-making, and communication with key stakeholders.

 

 

As a group of financial and business professionals, DWH offers expertise and support so companies can embrace change for the better. Built on a core philosophy that every stakeholder matters, we listen to those who shape a business and guide that business to its best value, outcomes, and opportunities. All companies experience change. Plan for it with us.

 

A Case Study in Ensuring Financial Resilience

The Situation:

A Michigan-based manufacturing company specializing in assembling products in the industrial, automotive, office furniture, and commercial appliance industries is known for delivering precision-engineered manufacturing solutions for its customers. The company hired DWH as a requirement of its bank for them to engage a third party to evaluate current financial projections, perform a stress test on these forecasts, and assist with developing or enhancing tools and processes to support future growth.

The Solution:

DWH evaluated the company’s working capital model, annual budgets and forecasts, and a 13-week Cash Flow forecast by gathering underlying qualitative and quantitative data collected through interviews with key employees and stakeholders, examining and understanding critical assets and processes, and obtaining and reviewing certain financial and non-financial information. This data formed the basis for understanding the financial state of the business and allowed DWH to assess the company’s financial resilience by conducting a series of hypothetical scenarios simulating various economic and market conditions, using the financial information and models provided.

The Outcome:

After researching and collecting extensive financial data from the company and performing the stress test scenarios, DWH delivered detailed recommendations for the company. These recommendations include best business practice guidelines and future risk mitigation strategies based on an analysis of its current financial situation and projected growth in the future. The company now has a full understanding of its financial resilience.

 

 

Promoting Cultural Diversity During Native American Heritage Month

Powwow celebration with traditional Native American dance

November is Native American Heritage Month, which was created in 1990 through a presidential proclamation and has continued to be observed ever since. The month is dedicated to showcasing the immense importance of this group, as it represents the rich history, culture, and contributions of Indigenous peoples in the United States.

During the month of November, awareness is spread about Indigenous history, contemporary Native issues, and the accomplishments of Native Americans who have enriched our culture.

Why celebrate Native American Heritage?

As a tribally owned company, our team is passionate about protecting tribal sovereignty and growing economic prosperity throughout Indian Country. We want to share a few important reasons to recognize and celebrate Native American heritage:

1. Acknowledge the historical & ongoing contributions Native Americans have made to the nation.

From agriculture and medicine to language and art, Native Americans have made significant contributions to American society. Acknowledging and celebrating their heritage allows us to honor their achievements and recognize their importance in shaping our collective identity.

2. Foster cultural awareness and appreciation.

It allows individuals to gain a deeper understanding of Indigenous traditions, values, and perspectives, and this knowledge can lead to greater respect and appreciation for the diverse cultural heritage that exists within the United States.

3. Address historical injustices and promote social justice.

Throughout history, Native Americans have faced colonization, forced assimilation, and marginalization. Recognizing their heritage is a step toward healing historical wounds, promoting cultural preservation, and empowering Native American communities.

How to Celebrate Native American Heritage

Although it’s nice to have a month dedicated to celebrating and honoring Native American heritage, there are many ways you can continue acknowledging Native Americans throughout the entire year. Here are a few ideas to help you get started:

Attend cultural events

Look for local events, powwows, or cultural festivals that celebrate Native American heritage. By attending these events, you will be able to experience traditional dances, music, food, and crafts.

Educate yourself

One of the best ways to celebrate Native American heritage is to educate yourself about their history, culture, and contributions. Read books, watch documentaries, or visit museums dedicated to Native American history.

Volunteer and support Native American organizations

Get involved with local Native American organizations. Offer your time and support by volunteering at community events, fundraisers, or educational programs that promote Native American heritage and empower Indigenous communities.

Support Native American businesses and artists

According to U.S. Census Bureau statistics, Native American-owned businesses contribute over $33 billion to the U.S. economy every year and employ over 200,000 people. We encourage you to seek out Native American-owned businesses and artists and support their work and help sustain their livelihoods.

Amplify Native American voices

Give platforms and opportunities for Native American voices to be heard. Share books, articles, art, and other resources created by Native Americans to promote their perspectives and insights.

 

We encourage you to approach Native American heritage with sensitivity and respect. We feel that engaging in cultural appreciation rather than cultural appropriation is crucial to ensure Native American traditions and identity are honored and preserved.

A Case Study in Cultivating an Entrepreneurial Culture

The Situation:

DWH partnered with the Nottawaseppi Huron Band of the Potawatomi (NHBP), a federally recognized tribe in western Michigan, to cultivate an entrepreneurial culture among its members. Recognizing the untapped potential within the community, NHBP leadership sought to empower its members with the tools, knowledge, and resources necessary to launch, acquire, or scale small businesses.

The Solution:

Instead of offering a one-size-fits-all solution, DWH deployed a nuanced, multi-phase approach tailored to the specific needs and aspirations of NHBP members:

  • Needs Assessment: We designed and circulated a comprehensive survey to gauge interest, evaluate current skill levels, and understand the entrepreneurial dreams of the community members.
  • Curriculum Design: Using the survey insights, we crafted a targeted curriculum complete with topics and training materials that addressed the unique needs of the tribe.
  • Educational Bootcamps: Quarterly full-day workshops were planned, offering structured learning experiences and opportunities for attendees to provide feedback.
  • Personalized Mentoring: For those who had successfully completed the educational sessions, in-depth mentoring opportunities were made available to provide hands-on experience and guidance.

The Outcome:

The COVID-19 pandemic brought unprecedented challenges, disrupting our planned in-person educational boot camps. Undeterred, we swiftly transitioned to a remote learning model. Despite this pivot, we successfully conducted extensive surveys that gave NHBP an actionable roadmap to harness entrepreneurial talents and interests within their community. All remote training sessions were recorded and archived, serving as a lasting educational resource for the tribe.

 

 

The 2023 Outlook + Strengthening Your Business

Recession is on everyone’s mind these days. The current economic climate, characterized by the ongoing COVID-19 pandemic, inflationary pressures, supply chain disruptions, and general economic uncertainty, has raised concerns among business owners and individuals. As an advisor to numerous business owners, I am often approached to provide insight into the situation. However, given the scarcity of available data and the dynamic nature of the situation, making accurate predictions can be challenging. Rather than share our predictions, we would like to provide practical advice to help business owners prepare their companies for economic uncertainty and navigate any potential financial distress. Here are seven steps to build resiliency and weather any storm that may come your way:

1. Communicate with Your Stakeholders

In times of uncertainty, the quality of your relationships with key stakeholders can make all the difference. Do you know who your key stakeholders are?  What do you need from them?  What do they need from you?  Some examples are listed below with questions to ask:

  • Customers and Vendors – Do you understand their pain points? Are you aware of how they build their schedules?  What their capacity is?  Do you have relationships with multiple decision-makers?  Do you understand their financial strength?  Do you regularly meet with them to touch base?
  • Employees – Do your employees understand the vision of your company and its goals? Are they aware of how their actions have an impact on those goals?  Do you have a rhythm of communication with employees?  Do you use key metrics to communicate performance?  Do you conduct regular employee surveys?
  • Bank – Do you meet regularly with your banker and their team? Are you proactive in telling them about any potential changes to the business?  Do you regularly update them on any changes to your financial forecast?  Remember, your bank is a partner, and you want to keep them informed.  You cannot over-communicate with them.  To read more about managing your relationship with your bank, see our post, How to Engage a Key Stakeholder: Your Bank.

2. Build a Strong Leadership Team

Having the right team in place is critical, especially during a challenging situation like a recession. Ensure that your leadership team understands their roles and responsibilities, is held accountable, and has bought into the company’s vision and goals. In one of our previous blogs, Effective Leadership In a Crisis, we discuss how your response in turbulent times will define you as a leader.

3. Utilize a Robust 13-Week Cash Flow Forecasting Model

Understanding your cash flow is crucial in times of economic uncertainty. In one of our previous blog posts, How to Preserve and Improve Liquidity, we discuss how a strong cash flow forecasting model (CFFM) will help you accomplish these primary objectives:

  • Predict cash flow and collateral week over week for at least the next 90 days.
  • Improve decision-making at the transaction level.
  • Improve communication with key internal and external stakeholders.

4. Incorporate Scenario Planning and a Rolling 24-Month Forecast

A rolling 24-month forecast model that includes a profit and loss statement, balance sheet, and statement of cash flows can help you run scenarios and see the impact of various factors on your business. By incorporating covenant calculations, you can forecast any potential compliance issues with your bank. The models should be constructed so you can run scenarios (lower sales, higher costs, extended terms, etc.) and see the impact. For more information, see our previous blog post, Business Resiliency Through Scenario Planning.

5. Understand Your Cost and Pricing Structures and Review Regularly

Many businesses do not have a process in place for regularly reviewing costing and pricing data, identifying opportunities for improvement, making those improvements, measuring the impact, and repeating. With all the disruption in the supply chain, increase in labor costs, and inflationary pressures it is critical that you truly understand the cost to produce goods or provide services and that you are regularly working to reduce these costs. Additionally, you must ensure that you are capturing cost increases and passing them on to customers when appropriate. Be sure to look at our blog about Understanding Your Cash Conversion Cycle for more info.

6. Look for Opportunities

Change creates opportunities. This may be in the form of the opportunity to acquire a competitor or supplier. It could be discounted equipment or employees that become available when another business is struggling. It could be increased volumes when another supplier can’t meet their obligations to a customer.  Whatever the opportunity, you want to make sure that you are correctly positioned with the staff and resources to pursue these opportunities.  For more information on distressed investing, view our webinar on Key Considerations for Purchasing Distressed Assets.

7. Don’t Wait to Ask for Help

Finally, make sure you’re not waiting to ask for help with any of the items above or other challenges you may have in your business. Lean on your advisors and business network for help preparing for the challenges that might lie ahead. It’s essential to remember that these steps are not just for preparing for a recession; they are sound business practices that can help your company to thrive in any economic climate. By focusing on strengthening your business fundamentals and taking a proactive approach to managing risk, you can set your business up for long-term success.

 

As a group of financial and business professionals, DWH offers expertise and support so companies can embrace change for the better. Built on a core philosophy that every stakeholder matters, we listen to those who shape a business and guide that business to its best value, outcomes, and opportunities.

 


This post was written by Ben Borisch
bborisch@dwhcorp.com | LinkedIn

All companies experience change.
Plan for it with us.

 

 

 

A Case Study In Succession Planning

Overview:

The company was founded in the 1940s becoming one of the premiere mold-making facilities in the United States.  Eventually, they offered complete injection molding and product assembly along with other manufacturing support processes to their customer base which included the furniture industry. The company consists of two manufacturing locations within the United States and has approximately $15M in revenue.

The Situation:

  • Ownership had established a comprehensive estate plan but had not developed a succession plan.
  • The owner passed away leaving his beneficiaries without a clear path forward regarding the business interests.
  • Estate trustees were looking for a third-party recommendation on how best to maximize the enterprise value of the estate.

The Solution:

  • DWH performed a thorough assessment of the company’s leadership, financial and management information, operations, and marketing and sales to draw conclusions regarding the company’s current situation and future prospects.
  • DWH provided numerous recommendations which included a risk/benefit analysis.
  • DWH determined the best path forward was an expedited sale or a winddown and liquidation of the company.
  • DWH was hired to implement its recommendations which included facilitating an expedited sale of the company to a strategic buyer within 90 days of engagement to maximize value.

The Outcome:

  • The transaction was successfully completed within the desired timeframe.
  • All creditors were paid and the proceeds to the estate were double what would have been achieved through a liquidation.

 

Leading with Diversity, Equity and Inclusion

Successful leaders are undertaking initiatives to address Diversity, Equity, and Inclusion (DEI) within their organization to assess company culture, structures, practices, and policies – in particular, ones that create bias and an uneven playing field capable of causing damage to organizational health and performance.  The need for diverse talent in the workplace is evident with a clear correlation between DEI practices and organizational effectiveness.  Now, more than ever, it is necessary for executives to develop a shared vision, create learning environments, and embrace these initiatives – both for the sake of ethics and because this is what it will take to compete in the future.  Let’s discover more about DEI and why it is important to an organization’s health.

What is Diversity, Equity & Inclusion?   

  1. Diversity is about the presence of difference within a group. This is where differences of race, ethnicity, sexual orientation, gender/gender identity, and religion should be considered for their presence at all levels within the organization.
  2. Equity is all about ensuring equal access to the same opportunities. This is the proverbial “equal playing field” and where barriers to opportunities or resources need to be eliminated. In order to achieve a fairer workplace, it is essential to observe unconscious bias in policies, practices, structures, and resources.
  3. Inclusion is about cultivating a culture that invites and encourages the feeling of being welcomed, valued, and incorporated into the workplace. Inclusion can be more difficult to address because the overall culture of the organization largely determines it. This means that discovering the root causes behind a lack of inclusion can be harder to pinpoint. 

3 Reasons Why Companies Should Embrace DEI 

Among the many reasons to address the issues of Diversity, Equity, and Inclusion (outside of the ethical perspective that it is the right thing to do) there are three that stand out:  

  1. “War for Talent in the Workplace”There is now, and will continue to be for the foreseeable future, a war for talent in the workplaceThis has only been reinforced during the post-Covid “Great Resignation”.  DEI programs address bringing more diverse talented employees into the organization while also increasing retention as it makes it a more attractive place to contribute to and grow inA high performer is more likely to select an organization that has an aggressive DEI program and is more likely to stay because that program allows for them to make a significant difference and values their development.
  2. “Diverse Organizations Outperform Peer Organizations”There is ample evidence that more diverse organizations outperform similar, but less diverse organizations.  A recent McKinsey study found that diverse organizations outperform industry averages by 33%.  This Is because those organizations that can take advantage of diverse teams will have insights and opinions with that are more accurate and nuanced to the environment than ones from a more uniform perspective.  In addition, teams that can take advantage of diverse knowledge and experience are more innovative and creative as their diverse viewpoints help them come at problems and solutions from different perspectives.  Clearly, organizations that serve ever wider and more diverse consumers will be less likely to understand their customers’ needs and perspectives if those same demographics are not present in the organization serving them.
  3. Outside ExpectationsThere is mounting pressure for reporting diversity numbers and DEI programs with mandatory Environment, Social, Governance (ESG) reporting for the SEC.  In addition, activist investors are also demanding that organizations make significant progress in addressing inequity and lack of diversity in their investments.  There is also evidence that consumers are increasingly making buying decisions based on issues such as commitment to sustainability and equity. 

What should DEI efforts consist of?   

Diversity is perhaps the easiest concept to understand and measure as it can be accomplished by surveying the organization. Race and gender are typically easier to measure, whereas traits like identity can be more difficult, requiring a more nuanced approach with involvement from the broader organization (most importantly by those who are in those categories). Typically, initiatives include at least some of the following: 

  • Key Metrics – Identification of where they are on key metrics such as employee diversity, retention, representation in key leadership positions, and defining what they intend to achieve by instituting a program. 
  • Training – Global training on unconscious bias and its impacts on relationships, participation, and performance serves as a baseline for further efforts. 
  • Policies and Procedures – An assessment of policies and practices in the organization which might provide barriers for recruiting and retention, inclusion, and creating an unequal playing field should be conducted and addressed. 
  • Mentorship and Sponsorship – Another key element is the creation of mentorship programs that attend to the particular barriers that diverse employees face, including a special emphasis on diversity in high-potential programs. Sponsorship Is advocacy for Individuals to be Included In opportunities to gain experience and visibility. 
  • C-Suite Positions – A focus on ensuring a presence of diversity in the C-Suite and Board of a company is necessary from the start to show commitment and provide advocacy for the program.

Culture is Key 

A genuinely successful DEI program not only hinges on the design of the initiatives but on the culture that it is embedded in. Cultures emphasizing learning and growth far outpace organizations emphasizing authority, control, rules and tradition.  Leaders need to develop a shared vision to be a “learning organization” that provides the space to understand and accept the realities of the current state, then commit to finding avenues to change toward that vision.  The CEO and executive team have the most influence over changing aspects of the organizational culture. Truly, the executive leader must commit to exemplifying the change that is desired for the organization. Changing the culture is a long-term effort that demands that the Board support it and the leadership team must be willing to both embody the change and provide the Initiative to enact It. 

In Conclusion 

It is the primary duty of the leadership of any organization to create an overall safe, welcoming workplace environment for those of all races, creeds, identities, and ethnicities where everyone’s contribution is appreciated and promoted.  To do this the CEO and senior leadership will need to take that intention and do the hard work of actualizing this by uncovering implicit bias in practices, structures, and allocation of resources and create the platform for all to provide their contribution.  Forward-thinking leadership is now taking up this challenge and leading the charge. 

 


This post was written by Jeff Wyatt
jwyatt@dwhcorp.com | LinkedIn

All companies experience change.
Plan for it with us.