Saturday 1 December 2018

Arbitration To Settle Franchisee And Franchisor Disputes

By Mark Kelly


Franchising business is a way for people who want to start their own business but have no experience in the field. With franchising business you earn a huge portion of the business profit with a ready made guideline in how to keep the business running provided by the owner of the main business. But what happens if it does not work that way you expected it to be. This is when franchise arbitration helps you with all these legal disputes.

What is arbitration? It is an alternative dispute resolution, which proposes another way to resolve legal problems in between franchisor and franchisee without filing a lawsuit. Arbitration is not something that only one party can decide upon. It must be under mutual agreement, with this it could be in a form of a contract.

They will do so to provide both the franchisor and the franchisee with even resolution, which both parties could agree upon. The terms of arbitration is that both parties must agree to it, arbitration cannot be possible if one is not willing to go through the alternative resolution and would prefer to just sue the other party.

That is why in most cases, when an interested franchisee wants to franchise a franchisors business. The franchisor will provide a contract, and along with it is an agreement that if any disputes arise in the future, both parties will seek this alternative.

Arbitration is usually provided by the franchisor, it might be included in the contract you signed. And often it would state that in term of any complaints and disputes with regards to the business both parties must resolve to arbitration.

Arbitration in the first place, cannot take place if one of the existing parties will not agree on the act and pursue lawsuit instead. That is why in the form of a contract both parties must be in the same terms. This is the case because you simply could not force arbitration to anyone it must be a common decision.

Instead of filing a lawsuit wasting time and money that could be settled to easily in arbitration, you could come up with a better business strategy, so that in the next business that you will invest in, you would not encounter the same demerit as your previous business.

But with arbitration, once the panel of arbitrator will have a common resolution, which you and the other party could agree upon. The dispute is over and with some resources left to stand back up and rebuild a new business that has been better thought of with the foundation of lessons that you have learned.

A business that you could really profit from in a long term run, because If you asses the environment that you wish to put your franchised business, you will be able to determine if the business will flourish or you will be facing bankruptcy after a few months trying to run your franchised business.




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