Find out how to get the most out of your mediation so you can reach a resolution quickly and easily!
If you’re struggling with problems or disagreements with your franchisor, it might seem like it’s impossible to reach a resolution, but don’t worry! Disputes are common, but if you can’t come to an agreement it’s best to appoint a mediator to help out.
The expert mediation at Law Works Vaughan will help you negotiate an outcome that is acceptable to both parties. In our hands, you can rest assured your dispute will be settled as quickly and as smoothly as possible.
Read on to find out how you can get the most out of your franchise dispute mediation:
Prepare and know what you want to achieve
Make sure you have a clear understanding of the problems and how you would like to solve them. Outline your case clearly and concisely at the start of the mediation and have all your paperwork ready to substantiate your claims. For example, if you are alleging your franchisor has violated your contract, be sure to have records to prove it.
Although you may be dissatisfied with your franchisor, it’s important to uphold any obligations under your franchise contract. Some examples of this might include adhering to confidentiality agreements and ensuring goods or services provided during the dispute are up to standard. It’s easier to make your case if you hold up your end of the deal.
Try to resolve the dispute and understand that both parties must compromise in order to reach a resolution. Sometimes it’s necessary to think of creative or alternative ways to settle the dispute such as a cash settlement. Whatever the agreement, it’s important to get it in writing to prevent further disagreements.
Thinking of buying a franchise? Expanding your current franchise into Ontario? Here are a few reasons you should hire a franchise lawyer Vaughan ON.
Are you considering buying a franchise or a current franchisor thinking of expanding into Canada? If so, you may want to consult a local legal professional who specializes in franchise law.
Here are three reasons why you should hire a local franchise lawyer in Vaughan, ON:
They know what to look for
Each province has specific franchise legislation. For example, large and established franchises in Ontario are exempt from providing financial statements. However, this is only if they meet the criteria detailed in Part III of O. Reg. 581/00.
Consequently, it’s important to familiarize yourself with the way these laws vary from province to province.
They can promote fair dealing
Most importantly, a franchise lawyer can also help each party to uphold the duty of fair dealing. This is outlined in Arthur Wishart Act (Franchise Disclosure), 2000 which encourages participants in a franchise agreement to engage in good faith. Similarly, having a strong counsel may be able to prevent future complications.
They can handle disputes
If complications do occur, franchise lawyers are uniquely capable of smoothing things over. Ben Hanuka, head of Law Works PC, launched the first franchise disclosure class action in Ontario. The case — Bekah v. Three for One Pizza (2003) — involved the franchisor structuring a transaction in a way that tried to sidestep disclosure requirements. Ultimately the court sided with the purchaser with help from the franchise lawyer.
In conclusion, hiring an experienced franchise lawyer can provide you with significant legal protection.