Whenever two or more people, or entities, interact, there is the possibility that they will butt heads. Breach of contract, trade secrets, copyrights, fraud, franchising agreements and other related matters, all of these present a potential obstacle to the successful operation of your franchise, especially if the courts become involved. If you need more information on whether or not you can resolve your franchise dispute without going to court, please continue reading, then contact one of our experienced franchisee litigation attorneys today.
Are you required to settle your franchise dispute in court?
No, you are not. By far, the most effective means to resolve a franchise dispute without stepping foot in a courtroom is by negotiating and drafting a thorough franchise agreement ahead of time. In this franchise agreement, you and the franchisor should carefully state each party’s rights and responsibilities, so you can diminish the likelihood of a dispute before it even begins. However, that is not always feasible, especially with large chains, and sometimes disputes arise from the franchise agreement itself.
What are the alternatives to litigation?
When disputes do arise, you may have many options at your disposal for resolving them outside of litigation. Each will depend on the terms of the underlying franchise agreement and the exact nature of the dispute, but these options include:
- Negotiations between the parties, either directly or through legal representatives
- Arbitration or mediation with a private third-party negotiator
- Alternative dispute resolution through the court system
If the other party, i.e. the franchisor, is not responding to your correspondence, the latter method often proves particularly effective. Getting the legal system involved puts the other party on notice, indicating that you are serious and willing to take the dispute to trial if it proves necessary.
No matter what stage of this process you are currently at, you should strongly consider retaining one of our highly competent franchise law attorneys.
Why do you need a national franchise law attorney to help resolve a franchise dispute outside of court?
The main reason you may wish to have a skilled legal professional represent you in arbitration proceedings is that it is a legal process that affects your legal rights. Additionally, in binding arbitration, you do not get a second chance or the opportunity to appeal if you do not like the outcome. An arbitrator’s decision is final. An adverse decision can wreck your financial stability for years to come. A franchise law attorney will issue court proceedings, deal with disclosure and draft public statements. He or she will help ensure that you are fully prepared to fight for your legal rights. A seasoned franchise litigation attorney can make all the difference, so please call us today.
Contact Our Experienced Franchise Lawyer Today
If you have any franchising issues, contact Fortman Spann, LLC online today to schedule your initial consultation.