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
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
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
- Requirement of
mediation within the company
- Rules for internal
- Territorial rights
and restrictions on encroachment
- Review procedures
for encroachment claims
- Limitations on
- Mandatory third
- Rules for third
- Arbitration requirements
- Waivers of jury
trial, punitive damages and class action proceedings
- Waivers of certain
- Choice of law
and forum selection and venue provisions
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.
us to review your franchise agreement and help you institutionalize
a Dispute Resolution Culture in your business.
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