We provide a fully qualified, specialist mediation service for the franchising industry
Using mediation to resolve franchise disputes
Mediation is a highly effective and cost-efficient form of Alternative Dispute Resolution (ADR) that is encouraged by the civil justice system. Most professionally drafted franchise agreements contain a ‘Dispute Resolution’ clause. This will stipulate that in the event of a dispute between a franchisee and a franchisor they will try to reach a mediated settlement and only commence litigation if that is not successful.
The mediator’s role is to remain completely neutral while using their skill and experience to assist the parties to reach a settlement. The choice of mediator is important because their credibility and understanding of the situation is crucial. A mediator who has experience in the franchising industry and understands the dynamic that exists between the parties in a franchise relationship will naturally be more successful in resolving the dispute.
Our principle, who will personally deal with all mediations, is a fully qualified PDSL accredited and International Mediation Institute (IMI) qualified mediator. He has over forty years of experience in the franchising industry. He is one of only a few mediators practicing in the UK today who has been both a multi-branch franchisee and the franchisor founder of a national, award-winning, franchise brand. He has also acted as a successful franchise consultant. This understanding of what it is like to be a franchisee, a franchisor and a business owner produces a very high mediation success rate.
The main advantages of mediation
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A mediation is entirely confidential
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It is easy to organise
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It is less expensive and far quicker than litigation
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It allows the parties to retain full control of the outcome
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A mediated settlement can be legally binding and provides finality
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It is much less stressful and greatly reduces collateral damage.
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It is non-confrontational and provides a better opportunity for the parties to rebuild their franchise relationship
Next Steps
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We are flexible and can often organise a mediation meeting at short notice
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We can accept instructions directly from the parties or from their solicitors.
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If required, we can organise a venue convenient to the parties or conduct the mediation from their chosen meeting place.
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The parties can be supported by a colleague, a family member or their solicitor
Contact us for a free initial consultation about our mediation services