Feb 29, 2024

As a franchisee, it’s important to know when it’s time to take legal action. While pursuing mediation or arbitration might be the last thing you want to do, when filing a claim is your best option, you need to be willing to do what is necessary to protect your investment. So, when should you file for mediation or arbitration against your franchisor? Find out from franchisee lawyer Jeffrey M. Goldstein.

Jan 17, 2024

If you own a franchise, any disputes that arise between you and your franchisor will be subject to the terms of your franchise agreement. Most likely, this means that your dispute will be subject to mandatory mediation or arbitration—or perhaps both. As franchise lawyer Jeffrey M. Goldstein explains, while these forms of alternative dispute resolution (ADR) are supposed to be neutral, there’s a reason why franchisors almost universally require ADR.

May 31, 2023

For franchisees, pursuing franchise arbitration can often be the best (and only) option for resolving contentious disputes with their franchisors. Not only is arbitration generally less costly and time-consuming than litigation, but franchise agreements frequently include “mandatory arbitration” clauses that prevent franchisees from asserting their legal rights in court.

May 17, 2023

As a franchisee, the majority of your legal rights are determined by your franchise agreement. This includes your right to take legal action against your franchisor. Most franchise agreements include dispute resolution clauses, and many of these clauses require franchisees to submit their disputes to franchise arbitration.

Aug 10, 2018

Many franchise agreements include provisions requiring franchisees to submit to binding arbitration in the event of a franchisor-franchisee dispute. While these “mandatory arbitration” provisions are supposedly designed to minimize both parties’ costs in the event that a dispute would otherwise lead to litigation, the reality is that these provisions routinely serve franchisors’ interests to the detriment of their franchisees. What is Arbitration? Arbitration is a form of alternative dispute resolution (ADR) proceeding that falls somewhere in between mediation (where a neutral “mediator” helps disputing parties reach a consensus) and litigation (where a judge renders a binding decision in court). In arbitration, each party will typically conduct limited discovery, and then each party will present its case in the arbitration venue. The dispute may be heard by a single arbitrator or a panel of three (or more) arbitrators; and, at the conclusion of the proceeding, the arbitrator(s) will render a binding decision which, if necessary, can be enforced by obtaining a judgment in court. Where Does Arbitration Occur? Typically, franchise agreements will require arbitration proceedings to take place in the city where the franchisor’s headquarters are located. This usually means that franchisees are forced to incur travel costs in order to assert their legal rights (and this is one of the first ways that mandatory arbitration provisions tend to work in the franchisor’s favor). Franchisors can also designate specific arbitration service providers in their franchise agreements, and hearings will typically take place at these providers’ office locations. Two of the most-commonly-used […]

Nov 4, 2016

If you are facing a dispute with your franchisor, there is a good chance that you will need to submit to arbitration in order to obtain a resolution. Why? Because arbitration is the preferred dispute resolution method among franchisors, and franchise agreements commonly include “mandatory arbitration” clauses which require franchisees to go to arbitration instead of seeking to enforce their rights in court. What is Arbitration? Arbitration is a form of alternative dispute resolution (ADR) that can in some ways be thought of as a “light” version of courtroom litigation. The process is still adversarial (unlike mediation, where the parties seek to work toward an amicable resolution), and a neutral third-party (either an arbitrator or a panel of arbitrators) still issues a binding decision based upon the evidence and arguments presented. The parties also still engage in discovery, although discovery is typically limited, and they still attend hearings at which their attorneys present arguments and question witnesses. However, arbitration moves at a faster pace than litigation, and as a result it is generally less expensive as well. Why Do Franchisors Prefer Mandatory Arbitration? Franchisors generally prefer arbitration for a number of reasons. Some of these reasons have to do with the controls they can exercise within the terms of their mandatory arbitration provisions, but others have to do directly with the nature of the arbitration process. Five of the top reasons that franchisors generally prefer mandatory arbitration include: Arbitration denies franchisees the right to a jury trial Franchisors can designate […]

Oct 5, 2016

When comparing different franchise opportunities, there are several factors that come into play. Brand recognition, royalty rates, training, the initial investment – these are all issues that, for most prospective franchisees, are top of mind. But, there is another issue that can be just as important as these (if not more), and that also serves to differentiate certain franchisors from others. This is the issue of mandatory arbitration. While you may not be concerned about getting into a dispute with your franchisor right now, what your franchise agreement says about arbitration can be critical to understanding – and protecting – your rights should a dispute arise down the line. What is Mandatory Arbitration? Arbitration is a voluntary form of alternative dispute resolution (ADR) that is intended to provide consenting parties with an efficient and cost-effective way to avoid the burdens of full-blown litigation. In many commercial situations, it will be in both parties’ best interests to acknowledge their differences and work toward a resolution without spending unnecessary time (and money) going to court. But, if arbitration is “voluntary” and designed to save money, why are we talking about “mandatory” arbitration; and, why have we said that arbitration is not necessarily fair for franchisees? If your franchise agreement has an arbitration clause, then you are subject to mandatory arbitration. Essentially, when you signed the agreement, you “voluntarily” agreed to submit all relevant disputes to arbitration regardless of whether it is in your best interests to do so when the time actually […]

Apr 30, 2024

As franchising continues to grow in popularity around the world, foreign brands are increasingly seeking to franchise in the United States. If you are thinking about investing in a foreign franchise brand, there is a lot you need to know. Along with all of the considerations involved with buying a franchise generally, there are some unique considerations involved as well. International franchise attorney Jeffrey M. Goldstein explains.

Mar 29, 2024

Franchise attorney Jeffrey M. Goldstein, founder of Goldstein Law Firm, PLLC, will speak at the Franchise Times Legal Eagles Virtual Summit on April 10, 2024. The Virtual Summit takes place from 11:00am EST to 4:00pm EST.

Feb 15, 2024

Disputes between franchisors and their franchisees can involve a wide range of issues. As a franchisee, it is important to be aware of these issues so that you know when legal action may be necessary to protect your franchise. When these issues arise, informed decision-making is critical, and this makes it important to speak with an experienced franchise attorney as soon as possible.