GET HELP NOW
WITH YOUR FRANCHISING DISPUTE
A franchise is a partnership. Any conflict between partners will only sour that relationship.
Franchise conflict that remains unresolved can eventually lead to a breakdown and separation that will be difficult, painful and expensive.
If you are in a franchise and have a complaint or conflict with your franchise partner (franchisor or franchisee) we can help you to get the dispute resolved FAST so your business relationship is back on course.
Franchising Dispute Resolver
Derek Minus is the franchising Dispute Resolver.
He can help to resolve your franchise dispute FAST.
As the former Commonwealth government mediation Adviser for the franchising industry, he assisted hundreds of franchise partners resolve their disputes.
As a barrister, accredited mediator and chartered arbitrator, he knows how the Franchising Code works and has the skills to personally assist you.
Services are provided at the same rate specified by the Commonwealth Government of $300 per hour (plus GST). Under the Code, each party is required to pay half the fees.
Service and Support Conflict that can affect your livelihood and value of your franchise can be stressful. We provide the facilities and personal support to get you into resolution quickly.
Need a conciliated agreement? He can call upon over 100 mediators Australia-wide who can be nominated and appointed to conduct the mediation of your dispute.
Want an adjudicated decision? With the agreement of the parties the expense and delay of the court system can be avoided with a private arbitration.
Contact the Resolver: firstname.lastname@example.org
Start the Resolution Process
Under the Code, a party raising a dispute (the franchisee or franchisor) must notify the other party in writing, by sending them a Notice of Dispute setting out:
(a) the nature of the dispute; and
(b) what action the complainant thinks will settle the dispute; and
(c) what outcome the complainant wants.
To make it easy for you, we will professionally prepare your Notice for you. Just fill in the details on our on-line form and we will email it for you, with your supporting documents, to the parties to the dispute.
Once a Notice has been sent, the parties have 3-weeks to negotiate between themselves to attempt to resolve the problems that have been identified before any further action is taken.
Both the franchisor and the franchisee are under an obligation to act in good faith to resolve the dispute.
Where the dispute is long standing and well known between the parties, you can ask the other party to agree to dispense with the period of private negotiation and go immediately to Step 3 and have a mediator appointed to facilitate the resolution of the dispute.
Where a dispute cannot be resolved between the parties within 3 weeks, the Code provides that mediation must take place if either the franchisor or the franchisee refer the matter to a mediator.
A mediation is an assisted negotiation with an independent, accredited and experienced third party. When a mediator is engaged the negotiations can be frank, private and legally privileged. Legislated procedures provide a powerful and quick way to get the parties to meet together and attempt to resolve the dispute in good faith before taking legal action and incurring substantial expense.
Contact the Franchising Dispute Resolver to request the appointment of a mediator to assist with the resolution of your dispute.
Administering your Dispute
We provide end-to-end administration of your dispute to ensure a speedy resolution.
We generate a properly formatted Notice of Dispute for you, convert it to a PDF document, and help you electronically sign it on-line and then send it on your behalf to the other party. We also follow up to see if you are in contact with the other party and provide helpful hints to assist with the negotiation process.
When you are ready to proceed to Mediation, we will register your request and assist you provide the information you need to send to the other party. You can upload these documents on-line and we will encapsulate them into a single PDF and email this material to the other party and their lawyers and provide you with a reference copy.
Our administration staff will personally contact you and the other party to discuss, the mediator skills required and the location and timing for the mediation. A mediator who best meets the joint criteria will be appointed.
We prepare a completed standard mediation agreement for signature as an electronic document and send it to you along with information sheets about the mediation process.
Video-conferencing facilities are provided at no additional cost, for the conduct of pre-mediation meetings or even the conduct of the mediation, if the parties agree.
A charge is made for the administration and on-line payment facilities are available to quickly initiate the process.
Get a Mediator to assist you
Once a party lodges a Notice outlining their concerns with the other party, it immediately triggers the legislated dispute process
If the complaint is not resolved at the end of the 3-week period allowed for negotiation, either party can request a mediator be apponted to facilitate the discussion and resolution.
The mediator is an independent and accredited professional facilitator (usually a practising lawyer with franchising experience). The mediator will usually set the matter down for mediation to be conducted in the State or Territory in which the franchised business is based.
Once the mediator sets the date and time for the mediation, the other party:
- must attend the mediation
- must negotiate in good faith
- must pay half of the mediation fees.
The mediation process is both privileged and confidential. This allows the parties to talk frankly and openly with each other and with their lawyers present (if required). With the mediator’s assistance, the parties aim to design an outcome to resolve the problem as discussed and defined by the parties.
Multiple Franchisees in dispute with a Franchisor
We have assisited many franchisees from the same franchise system resolve their conflict with their Franchisor. You can avoid the legal wars and explore the opportunities available.
Whilst the Code of Conducts does not currently mandate multi-party mediations, many franchisors welcome and orderly process of negotiation and mediation that can assist all parties to explore the options and arrive at a joint resolution.
Whe are able to work with your group to help engage and influence the franchise relationship.
The recent Commonwealth Senate Joint Committee Inquiry into the franchising industry has recommended that a mediator or arbitrator be empowered to undertake multi-franchisee resolutions when disputes relating to similar issues arise.
We have the skills and experience to assist franchisees and franchisors explore this new avenue for resolution.
Dispute not resolved, what next?
The Franchising Code does not provide a mechanism for the mediator to make a determination about the merits of each party’s case. If after 30 days from the mediation starting, there is no resolution, either party can ask the mediator to terminate the mediation.
When a dispute was not resolved by mediation, it used to mean there was no other option for a franchisee, but to “give-up”, take what was offered or initiate expensive and lengthy litigation in the court system.
The recent Franchising Inquiry conducted by the Australian Senate, recommended that the dispute resolution scheme under the Franchising Code of Conduct remain mandatory and be enhanced to include the option of binding arbitration.
Where an arbitration is conducted the arbitrator has the capacity to award remedies, compensation, interest and costs.
If the mediation is unsuccessful, we can assist you and your franchise partner with the legal adjudication of your dispute by appointing an expert evaluator or arbitrator to make a determination.