CONTRACT TERMS THAT INSTITUTIONALIZE A DISPUTE RESOLUTION CULTURE

A Dispute Resolution Culture is a cooperative atmosphere of settling problems and complaints. Ironically, parties need to be forced into it.

We can help you strengthen your Franchise Agreement with terms and conditions that require the parties to support the efficient identification and resolution of disputes.

Your Franchise Agreement undoubtedly has some of these sorts of terms, but few franchise lawyers are thinking about avoiding and amicably settling disputes when they draft franchise agreements. This is because most franchise lawyers have not experienced the practical day-to-day reality of dealing with franchisees.

Agreements Built by Franchise Veterans
Scott Kern, founder of the Franchise Law Source, ran a chain of over 420 retail franchise stores. Allan Hillman has represented franchisors, drafting and defending their franchise agreements for decades. Be assured, when we draft a new franchise agreement or review an existing one, we always have in mind the way franchisee relations really work – or don’t work.

We will help you put terms and conditions into your franchise agreement, or into your operating system, that will institutionalize identification and resolution of problems. They will channel your efforts and your franchisees’ complaints into programs that give you a chance to resolve them.

What are some of these legal tools?

  • Strict procedures for reporting complaints
  • Time limits on complaint reporting
  • Requirement of mediation within the company
  • Rules for internal mediation
  • Territorial rights and restrictions on encroachment
  • Review procedures for encroachment claims
  • Limitations on remedies
  • Mandatory third party mediation
  • Rules for third party mediation
  • Arbitration requirements
  • Waivers of jury trial, punitive damages and class action proceedings
  • Waivers of certain laws
  • Choice of law and forum selection and venue provisions

Don’t think that your franchise agreement promotes a Dispute Resolution Culture because it looks like every other franchisors’. In fact, it probably does not require or encourage the sort of participation needed to make peaceful dispute resolution work.

Contact us to review your franchise agreement and help you institutionalize a Dispute Resolution Culture in your business.

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