Franchising code amendments - dispute resolution
The long awaited dispute resolution provisions under the Franchising Code of Conduct (the...
Franchise agreements are required to include a complaint handling procedure which incorporates mediation.
The parties should then try to agree how to resolve the dispute, but if they cannot agree within three weeks then either party may refer the matter to mediation.
Mediation allows the parties to a dispute to try to reach an agreement with the assistance of a mediator.
The mediator's role is to facilitate. The mediator does not impose decisions or advice on the parties, but is there to assist the parties to reach a resolution.
Mediation is a genuine alternative to litigation because:
We have been involved in the resolution of many franchise disputes through mediation since the inception of the Franchising Code of Conduct in 1998.
Our directors are trained mediators who have mediated many franchise and general disputes in the role of adviser and/or mediator in Australia and internationally.