by info@fullcirclewebsitedesign.co.uk | Mar 4, 2025 | Uncategorized
The short answer is; sooner rather than later. The reason for this is that generally, the longer a dispute remains unresolved, the more the parties become entrenched and determined to defend their positions. It is not long before solicitors are consulted, and legal...
by info@fullcirclewebsitedesign.co.uk | Mar 4, 2025 | Uncategorized
If a franchisee cannot settle a dispute with his or her franchisor by dialogue and negotiation, the first thing that they should do is to refer to the franchise agreement and see if there is a ‘dispute resolution’ clause. Most franchise agreements contain one. This...
by info@fullcirclewebsitedesign.co.uk | Mar 4, 2025 | Uncategorized
Franchise agreements almost universally contain a clause that calls for disputes to be resolved by negotiation, failing which the parties will mediate. Only if that also fails should litigation be commenced. This is entirely sensible because mediation is far less...
by info@fullcirclewebsitedesign.co.uk | Mar 4, 2025 | Uncategorized
Let’s start by accepting that not all franchisors act ethically and not all franchisees follow the franchise model and work hard to support and grow the brand. But this blog isn’t about bad franchises, it is about those that are successful for both the franchisor and...
by info@fullcirclewebsitedesign.co.uk | Mar 4, 2025 | Uncategorized
Almost universally, franchise agreements contain a ‘dispute resolution’ clause. This will usually set out a three-stage process; starting with a face-to-face meeting between the franchisee and the franchisor. If that fails, the second stage is mediation and if that...
by info@fullcirclewebsitedesign.co.uk | Mar 4, 2025 | Uncategorized
Introduction This essay will address the question in three stages. Firstly, by identifying the pros and cons of imposing mandatory mediation. Secondly, by analysing the effectiveness of mediation in jurisdictions where it has been made mandatory. Finally, by...