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One of the most important tools in a franchisee support representative's problem-solving toolbox is a well-developed questioning strategy.

Thoughtful, well-crafted questions will help you define a franchisee's problem and determine their needs. But a good questioning strategy has a far broader purpose: it will help you gather useful information about the wider forces surrounding the problem.

Your questions should be crafted to help you to find out:

1. The scope of the problem.
2. The dollar cost of the problem, i.e. how is it affecting the franchisee's bottom line.
3. Any preconceived notions that the franchisee has as to how to solve the problem.
4. The time frame and logistics of implementing a solution,
5. Whether the proposed solution can be carried out with currently available resources.
6. The degree to which the franchisee is open to change.
7. The franchisee's key decision-makers and the role each one plays in the business.
8. The internal and external conditions affecting the problem-solving process.

Gear your first set of questions to determine the scope of the franchisee's issue.

Sometimes a franchisee does not adequately convey the urgency of the problem in your initial conversation. You need to probe beneath the surface by asking "feeling-finding" questions constructed to determine the degree of importance the problem holds for the franchisee.

Some good examples of these probing types of questions are:

• "On a scale of 1 to 10, how important is ____________________ to you?"
• "What is the most important reason to solve this problem now?"
• "Do others in your company feel as strongly about ___________ as you do?"
• "How valuable would a solution to this problem be to you?"

Get the franchisee to consider how the problem is impacting their bottom line.

Economics are a strong factor that will sway a franchisee either towards a given solution or against it. Therefore it is important to determine the difference between present costs versus the costs of the solution you are advocating.

To determine this difference, you should be asking fact-finding questions regarding finances and the assumptions the franchisee is using to arrive at an estimation of those costs. Later, you can use these same assumptions in justifying the costs of your solution.

For instance if the franchisee is having problems relating to outdated, malfunctioning or insufficient equipment, some typical questions might be:

• "How does the occurrence of the problem impact operations (e.g. does it shut down all or part of operations)?"
• "What is the average out-of-pocket cost of each occurrence?"
• "Does that include maintenance and insurance costs?"
• "How much do you lose in sales on average at each occurrence?"
• "What is your total labour cost for employees during each occurrence / shutdown?"
• "Does that include employee benefits?"

Important factors to talk about are: labour, waste, lost sales, maintenance and repair costs, supplies, depreciation, and cash flow.

Uncovering the franchisee's preconceived notions.

Franchisees will often have preconceptions of a solution to the problem. Before you offer your solution, assess what they are thinking by asking questions such as:

• "What experience have you previously had with this problem?"
• "How would you propose to solve this?"
• "What impressions did this experience leave on your employees?"
• "Do you think any of the people involved might have some ideas about the way this problem should be handled?"

Always give serious consideration to your franchisees' thoughts and preconceptions in implementing or modifying a solution.

Image by Gerd Altmann from Pixabay

Whether you are a Franchise Support Representative dealing with franchisees, or a teacher helping a student work through the reasons why they are having trouble with math, the steps to effective problem solving are essentially the same:

1. Gather information and define the problem.
2. Determine the probable causes of the problem, after considering all possibilities.
3. Develop potential solutions, then choose the “best” fit.
4. Outline an action plan for implementing the solution.
5. Follow up during the implementation process to see how successful it is.

1. First you must define the franchisee's problem by gathering all the information.

A “problem” occurs when there is a discrepancy between what one expects will or should happen and what actually does occur. The deviation is usually caused by some sort of change. Defining the problem entails gathering sufficient information to sort out why the unexpected occurred, instead of what you would reasonably expect to happen.

Gathering information begins with the following inquiries:

• Who are the individuals involved in the problem?
• What are the factors that make up the problem?
• What is the source of the problem?
• When did the problem begin and how long has it persisted?

2. Once you have the information, you can determine the probable causes of the problem. 

From the information you have collected from the franchisee, you can generally determine its probable causes. Your goal is to determine at which point the franchisee's business operations strayed from the franchisor's model. You should pinpoint any changes that may have been causative, and then move on to developing potential solutions.

3. Develop a group of potential solutions for the problem.

Questioning and information gathering to this point have focused on the past. Once you move to the present – to identifying the problem – it then becomes possible to look toward the future and to formulate solutions.

Clearly go over the nature and cause(s) of the problem with the franchisee. Then determine the resources that are available for solving the problem – such as additional capital, personnel, materials and time. You must operate within this framework to develop a solution that is practical and constructive.

The search for solutions begins with an examination of both the franchisee’s experience and your own in dealing with similar or related problems. You should also invite suggestions from other individuals who have a stake in resolving the problem. Always consider all possibilities for solutions, particularly novel or “offbeat” approaches. Embedded within these are often the seeds of truly great ideas.

One recommended strategy for arriving at an optimum solution is to brainstorm options with your franchisees, formulating as many ideas as possible and noting these down without comment. The brainstorming approach encourages the development of a large number of options and often results in one idea leading to another - perhaps better - idea. Moreover, brainstorming is an excellent exercise for getting to the roots of a problem as well as learning more about your franchisee's thinking patterns.

The solution that is ultimately chosen must address the problem within the constraints of available resources. Each potential solution must be evaluated in this light.

4. Outline an action plan with the franchisee.

When you and the franchisee settle on a workable solution, put together a workable action plan to put it into practice. Determine practical timelines for implementing each step of the action plan. 

5. Follow up.

Follow up with the franchisee as each stage of the action plan is implemented, to determine the success of the plan to date and decide on any changes or improvements that may be necessary. 

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Elon Musk, CEO of Tesla, has made his position clear that if one of their self-driving cars has an accident, Tesla will not be liable and it will be up to the individual’s insurance unless the accident was the result of a design flaw.

Volvo, Waymo (Google) and Mercedes Benz, on the other hand, have all stated that they would accept full responsibility. The real question is, how will insurance companies assess liability between the manufacturer and the driver, or will they hold both parties accountable?

Autonomous vehicles are loaded with safety features and crash avoidance systems, making self-driving vehicles much safer overall. But accidents will happen, no matter how safe the design. The question of who – or what – is liable will still depend on the individual factors that resulted in the accident.

Regardless of what Elon Musk thinks, manufacturers and software designers will definitely be held liable to some extent in many cases. Self-driving vehicles continue to have problems adapting to bad weather and fast-changing road conditions, and liability for accidents occurring in autonomous mode under these conditions would land squarely on the shoulders of the car company.

But one big advantage the car companies have is this: testing has consistently shown computers to be safer drivers than humans. So it is logical to assume that under normal conditions, autonomous vehicles will have fewer accidents than human-operated vehicles.

UK Legislation and Insurance Coverage

The UK Government’s Automated Vehicles Act provides that, while their vehicle is in self-driving mode, drivers will not be held responsible for how the vehicle drives. For the first time, corporations such as insurance providers, software developers and automotive manufacturers assume this responsibility.

Adrian Flux was the first UK insurer to provide driverless car insurance. The policy is dependent on a licensed driver being in the vehicle and able to take control at any time, and can be invalidated if the owner fails to properly maintain the vehicle, including timely downloading all updates to the software. The driver would be liable under UK law if he/she is under the influence of drugs or alcohol, is texting or otherwise distracted, or if the vehicle is exceeding posted speed limits.

Adrian Flux’ website also outlines the following interesting points:

The UK’s road’s minister, Andrew Jones recently outlined how the insurance industry will adapt to the introduction of driverless cars and the question of liability by saying, “…in the event of a serious collision in driverless mode, it would be the vehicle at fault, instead of the human driver.”

The National Highway Traffic Safety Administration in the US also, for example, considers Google’s autonomous driving software can be identified as the driver.  How this interpretation of liability will work with the State of California’s ruling requiring a fully licensed driver to be present in the car is still unclear. If there’s no steering wheel in the car, as Google is planning, why would a human occupant need a driving licence or car insurance?

That last paragraph raises the issue of who is considered the “driver”. If the car / software is held to be the “driver” under the law, then the auto maker must be held responsible to a large degree. A number of insurance industry analysts have said that this crosses over into product liability rather than personal insurance. If the technology malfunctions or if the car fails to respond as it was intended to, this is clearly a product liability claim and the auto maker’s insurance would and should pay for damages.

Here's an interesting question to consider.

If the law requires a driver to hold a valid driver’s license to operate a vehicle, will it not then be necessary to institute a series of driving tests that the car must pass before it can drive itself?

Conclusion

The insurance industry will continue to adapt and adjust as the driverless car industry evolves and as the pattern begins to emerge over time as to the types of accidents occurring, the number of claims processed and the quantum of damages paid out.

While improvements to safety systems have lowered the frequency and severity of certain types of collisions, they are also much more expensive to repair and replace. This results in higher payouts from insurance companies, which results in higher insurance rates being passed on to the consumer. On the up side, though, the safer your vehicle is, the lower the rate you will get from most underwriters.

For the immediate future, it seems likely that most insurance policies will still require a licensed driver to be present in the vehicle and ready to take over in the event of an emergency. An underwriter may assess liability based on how much control the human operator had or might have had over the vehicle.

If there is no means for the individual to take control, then the individual would bear no responsibility and the auto maker would be liable for the damages. Insurers and governments still have time to develop and implement laws, policies, rules and regulations before self-driving vehicles become a common sight on our streets and highways.

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It is natural for franchise support representatives to feel that if you present our ideas clearly and logically and with the best interests of franchisees at heart, they will accept your expertise and follow your suggestions to build their business. It therefore comes as a surprise when you find out that some franchisees will always resist change, no matter how reasonable the recommendation.

Resistance is Futile?

At first it is natural to label the resisting person as stubborn and even irrational, and to respond by reiterating your suggestions or vehemently justifying your recommendations. But in examining the nature of resistance, it is important to understand that resistance is:

• a reaction to an emotional state deep within the person;
• not necessarily an evaluation of the suggestion on a logical, rational level;
• a predictable and natural emotional reaction which serves to protect the individual against stressful situations;
• often a necessary phase of the learning process.

It is only natural that the Support Representative would wish that resistance on the part of the franchisee would simply disappear, for on one level it makes your task that much more difficult. But remember that resistance is not futile. In fact, it can serve a valuable purpose as a learning tool.

Countering the objections of a franchisee and working through an issue with them can be a tremendous stimulus to growth – both on their part as business people and for the relationship as a whole. For true learning to occur, it is necessary that all feelings of resistance on the part of a franchisee will have to be expressed directly, before they can accept and use your counsel.

Dealing with Resistance

Key skills required to deal with resistance are:

• the ability to identify the signs;
• being able to view resistance as natural, that it is a sign that the learning process has begun;
• supporting the franchisee in expressing their feelings and objections;
• not internalizing the resistance or seeing it as a personal attack.

Forms of Resistance

Resistance can take many forms. Here are some of the most common.

1. The Franchisee persists in wanting more information. No matter how much is given, it's not enough. While some of the questions will undoubtedly be reasonable, at some point it will exceed reasonable levels and you will begin to feel impatient. This reaction is a good barometer for judging when a simple need for information crosses the line to become resistance.

2. "I need to give you more details." A corollary to item #1 is when the Franchisee insists on giving you way too much information. For instance, you may ask "How did this problem start?", and the response might be, "Well, I think it all began about five years ago on a Friday afternoon in May when… "

3. Time pressure. The Franchisee indicates that he/she would really like to implement the suggested change, but not right now - the timing is not right, we're far too busy, we're short-staffed at present, etc.

4. Practicality. This refers to situations when the Franchisee protests that he/she is living in the "real world" and is facing "real world pressures". The implication, of course, is that the Support Representative is not on the firing line, and is overly idealistic and impractical.

5. Verbal attack. The most blatant form of resistance is an angry verbal attack by a Franchisee. Your response to such an attack may be either to withdraw or to respond in kind. Both of these responses indicate that you are taking the attack personally rather than seeing it as just another (though highly unpleasant) form of resistance.

6. Confusion. When a Franchisee asks for help, he/she is likely sincerely seeking clarification. But if the Franchisee continues to claim lack of understanding after you explain the situation once or twice, the "confusion" could just be a form of resistance.

7. Silence. The silent approach is one of the hardest for Support Representatives to deal with. You may talk to the Franchisee until you're blue in the face and be met with little response or just a passive silence. He/she may reply that he/she has no particular objection to what you're proposing – but be warned, silence doesn't mean consent. In matters important to business, a Franchisee is sure to have some response.

8. Intellectualizing. Rather than focusing on the practical matters of implementing a change, the Franchisee may begin exploring theory after theory about why things are the way they are. This intellectualizing is actually a means of escaping the reality at hand and is a form of resistance.

9. Moralizing. Moralizing resistance can be recognized through the use of certain key words and phrases such as "those people should", "they need to understand", etc. When you hear a Franchisee taking this tack, it is probably a defence against the reality of the change.

10. Compliance. Beware of the Franchisee who expresses a desire to get to solutions quickly, with no need or desire to discuss problems. Likewise the Franchisee that implies "whatever you do is fine with me". While the compliant Franchisee who totally agrees with you and seems eager to know what to do next seems like the ideal situation, compliance of this sort can be one of the more difficult forms of resistance. Typically an absence of reservations is part and parcel of a "low energy agreement".

11. Methodology. A Franchisee's persistent questioning about the methods of implementing a change can represent a legitimate need for information. But once you have established the credibility of a proposed change, repeated questions on the part of the Franchisee about implementation strategies, or suggestions of alternate methods, may be a form of resistance that will impede progress.

12. Flight Into Health. This occurs when a proposed change is being discussed as a resolution to a problem, yet partway through the discussion it appears that the Franchisee no longer has the problem you were addressing in the first place. It has now magically disappeared, so there is no longer any reason for the change.

REMEMBER – Resistance does not actually mean "No".

Image by Herbert Bieser from Pixabay

Baby boomers have the freedom and the resources to travel but they are also of an age when they face the very real possibility of incurring medical costs in a foreign country. So how do you indulge your passion for travel while providing for unexpected medical emergencies at the same time?

Do you know what to do if you're involved in an automobile accident? Here is a list of 9 steps you should follow.

Our continuing series on Resolving Issues with Franchisees provides guidelines for the Franchise Support Representative to follow in attempting to find a solution to contentious problems with a franchisee by listening to their point of view and brainstorming to come up with solutions.

If you have a family, then as a responsible parent you have probably already executed a Last Will and Testament because you want to protect and provide for your children's future well being. But you may not have realized how important it is to regularly review and update your Will.

How often should I review my Will?

As a general rule of thumb, it makes sense to review your Will with your lawyer every 3-4 years, or after any life-changing event (such as a marriage, divorce or the death of a spouse). If your lawyer does not have the original Will in their possession, you should take it with you to the meeting.

You can keep a digital copy on your laptop or device as a handy point of reference, but make sure it is stored in an encrypted location and properly secured with a password so that only you can view it. Your Will should not be publicly accessible, not even by family members. This may well be the most important document you have ever signed. Protect it from tampering.

Under what circumstances should I change my Will?

1. If your marital status changes. In some jurisdictions, a marriage or divorce will automatically void your Will but this is not universal. And if you live with a common law partner, they may or may not be deemed to be your spouse under the law. Talk to a lawyer to find out how matrimonial property laws in your area affect your estate plan.

2. If you want to add or remove beneficiaries. Let's say your family has grown - whether through a birth, adoption, or blending of two families. You will want to provide for the additional child(ren) in your Will. On the other hand, maybe you and your cousin Alfred have had a falling out and you no longer want to leave him your stamp collection.

3. If you have made additional investments or acquired additional major assets. Don't just assume that all of your assets will automatically be covered by your Will when you pass. Review the provisions of your mutual funds, retirement fund accounts, life insurance policies and other investments with your lawyer.

4. If you have sold assets. Make sure that any property or assets you have sold are not listed as specific bequests.

5. If a beneficiary dies. Review the survivorship provisions in your Will to make sure that if a beneficiary predeceases you, their share of your estate is redistributed to other beneficiaries.

6. If your executor dies or is no longer able to act. Your executor (also called the administrator or trustee) is the person who will handle the payment of estate bills and the distribution of estate assets to the beneficiaries. If he/she dies before you do or is no longer capable of handling the responsibilities of winding up your estate, you must appoint a replacement. If you don't do it, the courts will make the decision for you.

Do I have to rewrite my entire Will every time I want to make a change?

Minor changes, such as adding one or more bequests, can usually be accomplished by adding a codicil to your Will. Major changes should always be incorporated into a new Will which will revoke and replace the previous Will.

Image from istockphoto.com

Whatever holiday you're celebrating at this time of the year, we'd like to wish you all the best, and may it be a very happy and safe holiday, spent with those that you love.

Merry Christmas!

Happy Hannukkah!

Happy Kwanzaa!

Happy Pancha Ganapati!

SEE YOU NEXT YEAR!