Franchise Dispute Negotiation
Most franchise disputes can be resolved through early negotiation without the need for costly litigation.
Many factors will affect a person's willingness to settle a dispute. These factors may be commercial (for example the protection of a franchise system), or emotional (for example the feeling of wanting your day in court).
Why Start with Negotiation?
It is always best that you attempt to resolve a dispute early before significant costs have been incurred. It is also important that you understand the strengths and weaknesses of your position before you accept or make an offer to settle a dispute.
Negotiation can be:
- fast and cost-effective;
- confidential and flexible;
- relationship-preserving.
Our Approach to Negotiation
The first step is usually to assess the strengths and weaknesses of your position.
We will then develop a strategy and advise on the various options to settle your dispute.
The way that we proceed will depend upon your goals.
When Negotiation Works Best
Negotiation of a franchise dispute works best when:
- the dispute is in its early stages;
- a quick, low-cost outcome is preferred;
- both sides want to preserve the commercial relationship.
Why Haarsma Lawyers?
- We are specialists in franchising disputes.
- We can assist with the resolution of a dispute at any stage in the dispute resolution process (including litigation if necessary).
- We will provide you with advice based on our extensive experience in dispute resolution so that you can make an informed decision on the strategy which is right for you.
- We have resolved hundreds of franchise disputes through the process of negotiation and mediation.
- Our directors are trained mediators and have mediated franchise disputes in many different Australian states and territories.
What if Negotiation Fails?
If you are unable to resolve the franchise dispute through negotiation, the next step is usually mediation under the Franchising Code.
Haarsma Lawyers can assist you in any mediation process.
If you would like to know more about the mediation process, please read our mediation process guide.
