Franchise Mediation

Effective negotiation is a skill. It requires timing, strategy and preparation.


Franchise Dispute Services

Franchise Mediation

Franchise agreements are required to include a complaint handling procedure which incorporates mediation.

The Franchising Code of Conduct provides that where there is a dispute between a franchisor and a franchisee, the complainant must tell the respondent in writing:

  1. the nature of the dispute;
  2. what outcome the complainant wants; and
  3. what action the complainant thinks will settle the dispute.

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:

  • mediation is relatively inexpensive;
  • mediation is private and confidential (as the law allows);
  • mediation allows parties to have control over the outcome of the dispute;
  • mediation allows for settlements that have commercial flexibility;
  • mediation is less likely to destroy a business relationship.

How can we assist with franchise mediation?

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. 

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