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
Other messages
Franchisee trapped by non-compete clause? – dated October 21, 2019 – mr. AW Dolphin
The District Court of East Brabant has ruled that a franchisee was still bound by the non-competition clause in the event of premature termination of the franchise agreement.
Supermarket letter – 26
Supermarket Newsletter No. 26
Link franchise agreement and rental agreement uncertain? – dated October 14, 2019 – mr K. Bastiaans
It is no exception within a franchise relationship that the parties agree that the franchise agreement and the rental agreement are inextricably linked.
Termination of franchise agreement in case of changes in leased retail space – September 27, 2019 – mr. AW Dolphin
Termination of a franchise agreement in light of a substantial change in the leased retail space.
Article De Nationale Franchisegids: “Distribution of (potential) customers prohibited?” – September 17, 2019 – mr. AW Dolphin
Within many franchise organizations, agreements are made about the recruitment of (potential) customers in a certain area.
District protection no protection against termination due to urgent own use – dated September 17, 2019 – mr. AW Dolphin
As a landlord, can the franchisor terminate the lease for urgent own use, in the sense of district protection, while this would be excluded on the basis of the franchise agreement.