The professional problem solver: the judge reinvented
In our society, a true alternative circuit of problem solvers exists, including in the form of mediators. In itself, every initiative to solve a problem is to be welcomed, and with it the problem solver. This does not mean that every problem solver is always equally skilled. In franchise disputes, legal positions are involved and ditto solution directions are guided by those who say they know, but do not always have the expertise to do so. The opposite also occurs: franchise disputes are sometimes so much governed by a legal framework as such that a practical solution is in the way, including the involvement of a mediator.
Fortunately, we in our country have well-trained and expert problem solvers par excellence, namely judges. Not infrequently, at a reasonably early stage of a procedure, the courts today force the parties, with a soft or sometimes hard hand, to find a conclusive solution to their problem, where the parties have not yet reached this direction by the court. could come together. Judges are very adept at adjudicating disputes, including franchise disputes. This does not mean, of course, that mediation is not suitable by definition; Due to circumstances, this may well be the case right now. However, if the dispute is not resolved, it is recommended that the dispute be assessed by the judiciary in order to guarantee both the quality of the legal process and the legal protection for all parties.
Ludwig & Van Dam franchise attorneys, franchise legal advice
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Supermarket Newsletter – 27
Supermarket Newsletter No. 27
Bankrupt because the franchisor refused to sell the franchise company – dated January 28, 2020 – mr. AW Dolphin
The District Court of The Hague has dealt with a request from a franchisor to declare a franchisee bankrupt.
Prescribed shop fitting – dated January 28, 2020 – mr. AW Dolphin
The Midden-Nederland District Court has ruled on whether a franchisee is obliged to carry the shop fittings prescribed by the franchisor.
Ludwig & Van Dam attorneys summon Sandd and PostNL on behalf of the Sandd franchisees – dated 9 January 2020 – mr. AW Dolphin
The Association of Franchisees of Sandd (VFS) has today summoned Sandd and PostNL before the court in Arnhem. The VFS believes that Sandd and PostNL are letting the franchisees down hard.
Article The National Franchise Guide: “Why joint and several liability, for example, next to private?” – dated 7 January 2020 – mr. AW Dolphin
Franchisees are often asked to co-sign the franchise agreement in addition to their franchise, for example. Sometimes franchisees refuse to do so and the franchise agreement is not signed.
Ludwig & Van Dam Advocaten assists Sandd franchisees: Franchisees Sandd challenge postal monopoly in court – dated 12 November 2019 – mr. AW Dolphin
The Association of Franchisees of Sandd (VFS) is challenging the decision of State Secretary Mona Keijzer to approve the postal merger between PostNL and Sandd before the court in Rotterdam.