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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Other messages
Banned for supermarkets
Banned for supermarkets
Arbitration clause may not disadvantage the franchisee: nullification
Arbitration clause may not disadvantage the franchisee: nullification
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Will NFC come to an end of non-competition clause?
Franchisees who litigate on behalf of a dissolved and/or bankrupt general partnership –
Franchisees who litigate on behalf of a dissolved and/or bankrupt general partnership -
Assistance and advice to a franchisee in financial difficulties
Assistance and advice to a franchisee in financial difficulties
Supermarket letter – 13
Not providing market research to the franchisee remains without consequences for the franchisor