Some years ago, I worked in a diplomatic mission overseas. My boss was a senior German diplomat, Ambassador Heyken. In Heyken’s mission, all voices, views, perspectives, opinions and differences were acknowledged, and decision by consensus reached in the vast majority of instances in a timely fashion. Having spent most of my working life to that point in a top-down corporate environment, where I received decisions and implemented them, I was struck by this highly effective approach to management.

A management-by-committee approach certainly offers many benefits, such as fostering diverse perspectives and ownership over decisions, but it can also present numerous challenges – particularly at the self-employed Bar. In structures where highly articulate individuals are trained to draw swords over the meaning of the interpretation of words, it’s easy to see how decision-making may be hampered.

This article is intended for those involved in leading or participating in chambers management committees, offering insights into common hurdles and strategies for improvement. Drawing inspiration from a number of effective committee management decision-making models,* the following strategies are offered, organised into the three stages of a management committee meeting:

Before the meeting

Seek perspectives

Spending time seeking and understanding various perspectives is the key to achieving consensus. It may be affronting to have your ear bent by someone whose opinion you are unlikely to change, taking your time away from other tasks. However, time spent listening to different perspectives may inform your own and afford you the opportunity to present a wide range of responses during the meeting. Listening is an extremely important aspect of successful committee management.

Plan for bias

By cultivating a culture where data informs decisions, rather than personal views alone, unintended bias in the decision-making process may be minimised.

Conducting a pre-meeting review of available data and reports that will be used in the management committee allows its members to critically appraise the information at a time of their choosing.

To help committee members to reach data-led decisions, committees can consider presenting data sources visually. Providing a range of data sources reduces the possibility of using just one data set to support a particular point of view.

Publish decision-making procedures

Lack of clarity and consistency in decision-making processes within a committee leads to confusion, inefficiency and potential disputes. Without this, the discussion will shift to the process, rather than the substance.

One solution is to ensure that all decision-making procedures are documented – including decision criteria, member roles, timelines and voting weight – and published. Having clear procedures around decision-making that are signed off in advance of the meeting provides a reference point when things start to move off track.

During the meeting

Long-term strategies involve restructuring committees for better outcomes but in the short term, efforts to improve focus during meetings can be achieved.

Establish ground rules

Allow participants to set ground rules to facilitate productive discussions and respect all voices. Examples could include ending the meeting on time; disallowing interruption, limiting interventions to two minutes per person, and removing hierarchy from the speaking order.

Communicate the cost of the meeting

Every business activity that takes place in chambers has an associated cost. Consider highlighting the financial impact of attendance at the meeting to emphasise the importance of efficient decision-making. The cost of a meeting is the average hourly rate of each barrister and staff team member x the length of the meeting. Say, £247,000.

Use technology

Technology can revolutionise and democratise meeting management by allowing anonymous voting or information sharing. For example, Copilot in Teams generates key points arising during meetings, as well as action points and decisions.

Acknowledge opposing views

One of the benefits of management committees is that they foster inclusion. Acknowledging the merits of diverse views before sharing one’s own helps to create the psychological safety needed for people to feel confident to speak up.

Permit thoughtful language

The Bar is riddled with euphemisms which thinly mask true sentiment. By agreeing not to use them in committee meetings, clearer communication and more thoughtful engagement is likely to follow.

Other tactical approaches to improve the flow of the meeting include setting a clear and achievable agenda – having a meeting to resolve just one or two points, limiting distractions by implementing a no-device rule during critical moments, scheduling frequent breaks, encouraging participation, referring regularly to the perspectives gathered prior to the meeting and encouraging participation to limit excessive deference to senior members.

After the meeting

Empower decision-makers to act

When there is a lack of clarity regarding roles and responsibilities within the management committee, inevitably confusion, inefficiency, and a lack of accountability will arise.

Regardless of who takes decisions in whichever decision-making forum, authorised individuals must be empowered to act. They can then be held to account for decisions and measured against the effectiveness of their implementation.

Communicate clearly

Make it easy for the recipients to absorb meeting minutes. Members are likely to read a one-page visual summary of a meeting but are likely to deprioritise reading a detailed transcript, risking delays in implementing decisions. The detail of the meeting can be an attachment to a visual summary, stored in a central, accessible location.

Evaluate the meeting effectiveness

Encourage meeting participants to reflect on the meeting and ask for their feedback. This could be by an anonymised survey, informal conversations or, if the culture permits, a facilitated feedback session.

Acting on this feedback is key, otherwise future requests for feedback and input may be ignored.

Conclusion

Moving away from an over-reliance on management committees, and the politics that govern them, towards empowered executive teams seems sensible but not always achievable, particularly for smaller chambers. If the committee structure endures, which appears likely, then identifying ways to reduce friction and facilitate good decisions is desirable.

From documenting decision-making procedures to reducing bias and empowering decision-makers, chambers can implement a range of measures to improve their decision-making processes.

Further, by fostering a culture where data informs decisions and individuals have clear roles and responsibilities, chambers can enhance accountability, transparency and efficiency. 

Chambers management is on the radar of the regulator
In a recent consultation seeking views on the regulation of barristers in chambers, the Bar Standards Board asserted: ‘The more robust chambers are in performing their role [in setting cultural and behavioural standards], the more effectively the profession will serve the wider public interest and the less need there will be for regulatory intervention.’
While acknowledging the often voluntary nature of leadership and committee positions in chambers, the BSB wanted management committees to consider how ‘best to share their responsibilities’ and expected: ‘any collective of barristers [to] have in place leadership and governance arrangements which demonstrably facilitate compliance with regulatory requirements, manage risk and promote good practice’.
Read the consultation and the Bar Council’s robust response.

 

© Getty images/iStockphoto
* Nemawashi at Toyota
In an effort to minimise my own bias around the topic, I have researched a number of corporate case studies where management committees play a strong role in decision-making, An interesting example is from Toyota. One of the 12 pillars of Toyota’s production system is Nemawashi, roughly translated as ‘building consensus’, which constitutes the first step in Toyota’s decision-making process. Nemawashi encourages information about upcoming decisions to be shared to allow all employees to participate, and opinions of employees are actively sought to help inform better decisions.