This session addresses both common and unusual challenges to franchise growth arising from disputes, focusing on a range of strategies for effective conflict management. Alongside legal strategies for alternative dispute resolution, such as arbitration and mediation, the session will also highlight complementary approaches and innovative solutions for addressing and resolving conflicts. As franchise systems expand, disputes between franchisors and franchisees become inevitable. A tailored approach to dispute resolution can help efficiently and discreetly manage conflicts, maintaining harmony and compliance within long-term franchisor/franchisee relationship, and upholding system standards. Participants will gain practical insights into creating and sustaining an environment within a franchise network conducive to growth.

Key Topics:

• Arbitration:
  • Practical considerations and strategies for drafting clear and effective arbitration clauses.
  • Addressing challenges in arbitration, including the appointment of arbitrators and jurisdictional disputes.
  • Insights into recent arbitration jurisprudence and its relationship with court decisions.
• Mediation:
  • Evaluating the pros and cons of requiring mediation before arbitration.
  • Strategies for drafting mediation clauses and effectively utilizing mediation.
• Complementary Approaches:
  • Leveraging the expertise of panellists to explore innovative and alternative options for conflict resolution, including the CFA Ombudsman and other methods.
• International Dispute Resolution:
  • Addressing unique concerns and solutions for international franchises.