Franchised mediation, why not?
As a lawyer I act for both franchisors and franchisees. I see this as added value for the client because I can present the interests of the other party to the client in my advice. This often creates a kind of understanding for the situation of the other party, which opens the way to an amicable settlement, for example. There are also advantages to this knowledge when drafting or explaining franchise agreements ...
In my practice I advise on various diverse issues related to the cooperation between the franchisor and franchisee. Drawing up franchise and related agreements, advice, litigation, but also mediation and coaching of (starting) franchise entrepreneurs.
Franchised mediation, why not?
Mediation is a form of mediation in conflicts, in which a neutral mediator (mediator) guides the communication and negotiations between the parties. Mediation is ideally suited for all kinds of franchise disputes. Franchisees who have a dispute with their franchisor are often not in the position of having sufficient financial resources to take legal action against the franchisor. Moreover, it is often the case that even if they are in favor of the court, they are still the loser because the procedure has cost them a lot of money. So there is often a Pyrus victory. In such a case, mediation can offer a much more favorable outcome. Not only because the parties can determine the outcome themselves, but also because mediation is many times cheaper and faster than legal proceedings. Moreover, mediation is always worth trying. When I present mediation to clients and they ask me, 'why mediation?' Then I ask the counter question, "why not?" After some hesitation, most clients prefer to opt for mediation.
Adeny van Engel, lawyer, mediator, coach at Van Engel Legal (www.vanenlegal.nl)