A dispute can arise in the franchise business frequently, but the best way to resolve it through Franchise Mediation. It is the dispute resolution tool which works quickly and cost effective way without involving the judicial. In any franchise business, disagreement can happen between franchisee, landlord or the franchisor. In this process, they can seek advice and support to get a fast outcome resolving all the differences in the best non-judicial way. To get a favorable outcome and utilize the time in a positive means, you have to plan the whole process.
Pre-mediation meeting: This can take place via phone or any other electronic media. At this stage, both the parties can exchange required documents and fix the final date, time and place for the Franchise Mediation. Generally, it will not take 30 minutes to articulate the issues. Agreement Sign: A written document stating all the required points will be distributed to the parties. As per the Agreement, the parties should attend the mediation with a positive attitude and faith to conduct it without any bias. Introduction: During the Franchise Mediation, all the parties have to introduce themselves after being seated. The mediator will start it with the statement describing the purpose of the meeting and individual's role in it. They will ask both the parties to cooperate by adopting a commercial view. State the case: Each of the party will get the respective turn to state their version of facts. They can express the reason of dispute like breaches of any clause of Franchise Agreement and other issues. Offer of the Mediator: After hearing both the parties, the mediator will wrap up the discussion. He or she may ask for any clarification if required. they may suggest you the consequences, cost, time commitment of judicial proceeding. Offer: In this section, the mediator will have a separate discussion with each of the parties to promote settlement by exchanging offers. This part will take the highest amount of time as formulation and consideration of the offers will happen during this slot. Conclusion: In this part, the agreement (if reached) will be documented and each party has to sign it. If the settlement discussion has not completed then the mediator can adjourn the Franchise Mediation on basis of some specific terms.
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AuthorMr. Herman has lectured at the First Annual Franchise Conference held in Shanghai, China in October 1998. He has also lectured on Franchising Issues in San Jose, Costa Rica in September 2001, and with the ABA Forum on Franchising in Orlando, Florida in October 2005. Archives
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