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2018/12/01

Alternative Resolution For Franchise Disputes

By Mark Kelly


Franchising business is a way for people who want to start their own business but have no experience in the field. With franchising business you earn a huge portion of the business profit with a ready made guideline in how to keep the business running provided by the owner of the main business. But what happens if it does not work that way you expected it to be. This is when franchise arbitration helps you with all these legal disputes.

What is arbitration? It is an alternative dispute resolution, which proposes another way to resolve legal problems in between franchisor and franchisee without filing a lawsuit. Arbitration is not something that only one party can decide upon. It must be under mutual agreement, with this it could be in a form of a contract.

They will do so to provide both the franchisor and the franchisee with even resolution, which both parties could agree upon. The terms of arbitration is that both parties must agree to it, arbitration cannot be possible if one is not willing to go through the alternative resolution and would prefer to just sue the other party.

That is why in most cases, when an interested franchisee wants to franchise a franchisors business. The franchisor will provide a contract, and along with it is an agreement that if any disputes arise in the future, both parties will seek this alternative.

If you go through with litigation, aside from spending too much money on that process, you are also heavily burden by the possibility that you may or may not win the filed lawsuit. However, in arbitration the panel composed of the 3 arbitrators will think of a way to end the dispute the best way possible, finding terms you and the other party could agree on.

What would go through ones mind is that, since the agreement was provided by the franchisor, then it must be because they would benefit from it the most. But that is a big misconception, in fact most franchisee would agree to these terms.

Now in cases that one would really pursue litigation, then there is no stopping a long tiresome flow of court hearings with no sure possibility that you will be able to gain from it. And if the court takes favor at the other party, then what will that leave you? It will leave you with a thought that you have wasted a great amount of money.

Plus with bad experience comes a better game plan. So instead of spending too much in litigating, consuming more and more money in the process, it would be better to save up what is left of your resources, rethink of what is best to do next and with that rebuild your plans in and act upon the plans that you have fortified with better choices.

A business that you could really profit from in a long term run, because If you asses the environment that you wish to put your franchised business, you will be able to determine if the business will flourish or you will be facing bankruptcy after a few months trying to run your franchised business.




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