Mediation

International Franchise Attorney

Once a franchise relationship is made official by contract, unanticipated events can lead to disputes. However, unlike disputes which arise when franchisors and franchisees are in the same country, a dispute involving two different legal systems, as in international franchise law, can be difficult and costly for all parties.

Mediation is a form of alternative dispute resolution (ADR), which is a way of solving disputes. Mediation can help you solve a dispute without litigation. Most franchisors don’t want to get caught up in the foreign court system and mediation can help solve that problem.

I am international franchise attorney Mario L. Herman. For many years I have assisted foreign-based franchisees who seek an efficient way to resolve their problems with their franchisors. Mediation may be the solution. Contact me to discuss your situation.

What Is Mediation?

Mediation is a well-recognized and effective alternative dispute resolution method, which can be used both domestically and internationally. During this process, a certified mediator will facilitate (or mediate) discussions between the two parties. While the mediator may suggest a possible solution, the final decision will be made by the franchisee and the franchisor.

The benefits to mediation are numerous:

• Parties have control over the final outcome
• Franchise mediation is less costly than litigation
• Resolving franchise agreement disputes through mediation is usually much faster than going to court
• Franchise mediation is less adversarial and preserves business relationships

If you are a foreign-based franchisee in an existing system and you are facing problems with your franchisor, contact me, Mario L. Herman, to discuss the possibility of mediation.