Let’s face it - disputes are a drain on management time and energy that is better focussed on making your franchise successful. That is why finding a smart way to reduce or eradicate them is the way forward. Here is some useful information from Freeth Cartwright solicitors on how to use mediation effectiveley.
1. What is mediation?
You probably already know this but for clarification mediation is a form of alternative dispute resolution conducted by an independent party that is:
- private (no courts and potential bad publicity);
- cost effective (no court costs orders); and
- fast (no long waits for trials and court hearings).
2. Why mediate instead of going to court?
This can be summed up in one phrase:
"Courts are focussed on the dispute - mediation focuses on the deal"
If you choose to mediate you want to reach agreement rather than fall out. If you want to win work in a business situation how would you go about getting it? - Would you confront and accuse, or negotiate? Going to Court is confrontational - it is all about "winners and losers". Mediation is about negotiation - it is taking a business approach to resolving tricky situations in a way that benefits both parties. Mediators are not there to judge - they don't care who is "right" or "wrong". They look for solutions - how to reach an amicable settlement.
3. When should you mediate?
ASAP - Act as early as you can. We often see franchise mediations that could have been resolved much easier and quicker if mediation had been considered earlier. How early is early? Right at the start, when fee payments start to be missed and when the first rumblings of discord start to happen amongst the network.
4. What kinds of solutions?
Mediation is more flexible than going to court. Here are some examples of what you can do:
- Change the Payment Terms of franchise contracts - adjust payment structures, amounts and frequency;
- Change the Contract Duration - Reduce it or extend it - build in break periods;
- Change your allocated territory - increase it/reduce it;
- Explore exit options - e.g. buying the business.
Ultimately mediation is a creative process - it allows the parties to explore ways to resolve issues that otherwise might lead to a split.
5. Who does it?
Mediators are accredited by for example the ADR Group a recognised mediation body that specialises in forms of alternative dispute resolution. They are experienced and specialist lawyers that have considerable dispute experience.
6. How could mediation benefit me?
You invest a considerable amount of time and money in taking on franchisees. As with any relationship, along the way there will be misunderstandings and conflict, mediation is a tool to deal with those problems. It helps to:
- Preserve the relationship (It takes considerable resource find new franchisees after a fall out with a good existing one);
- Prevent damaging your reputation as a good franchisor (This creates the wrong impression for your existing franchise network and affects your ability to attract new franchisees); and
- Saves you time and Money (Disputes take up management resource better used in taking the franchise forward).
7. How can I ensure this approach is always used to resolve disputes in my network?
Build it into your franchise contracts and operations manuals. In this climate plan for challenging times by ensuring your contracts and manuals contain appropriate dispute resolution escalation procedures. The fact that you have disputes is not a bad thing - it is the way that you deal with them that matters. It is good practice and savvy business sense to consider how you will manage disputes when they happen.
If you would like more information about mediation please contact Philippa Dempster at Freeth Cartwright on 0845 274 6901 or via email at philippa.dempster@freethcartwright.co.uk
