Five Easy-To-Use Tips for Franchise Mediation

Franchise Law
3 min readMay 3, 2018

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Mediation is the most commonly used tool of dispute resolution, especially in franchising area. When a dispute occurs between a franchise and a franchisor, mediation is the thing that tries to resolve the dispute in a cost-effective way. A smooth and communicative relationship between a franchisor and franchisee is highly important to ensure the efficient franchise operation.

When parties approach for the mediation, they should approach the process with a willingness to settle down the dispute. Here are 5 mediation tips that you must keep this in mind while going for mediation process:

1. Understand the process
If you are going for a franchise mediation process and have never been to one before, it is always recommended to contact the Mediation franchising advisor to get a brief about this process. If you hire a solicitor for the process, make sure you ask them to explain its entire procedure. Understanding the process will offer you confidence.

2. Think in Advance about Settlement
Before opting mediation process, just think about how you would like to see the dispute resolved, and also try to know its prospective outcome. This is crucial to accept the result of mediation in order to end the dispute and move ahead with your life and business. Think about all the possible outcomes of mediation before going for the process and be prepared for all possibilities.

3. Make-up your mind to get adverse result
Successful franchise mediation is a process where there is a large possibility that both parties will not get the favorable result. It might sound odd, but this is true and, in fact, this is the best way to resolve a franchise dispute. When the parties go for the mediation, it is mandatory for them to accept the decision of the process. Refusal is not a possibility in mediation.

4. Realize this that mediation takes a good time
As discussed above, mediation is not an immediate process, in fact, this process involves a lot of sitting around and waiting for the settlement offers to be made. Once the joint session is complete, some time will further be required to give the final decision.

5. Never leave the process without documentation
From all mentioned tips, this is the most important tip. If you are at the final stage of dispute settlement, use your laptop to type up the settlement terms and don’t leave until both parties agree to the final decision and take their signature as the symbol of their acceptance.

Franchise mediation can be, undoubtedly, a stressful experience in the sense that after the mediation process ends; the parties have to continue their relationship. People usually choose this process, if the things are not working as per the franchise agreement and they want to continue their relationship in future. If you keep these handy tips in mind before going for the process, it will not be an irritating process.

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