Joel LibavaFrom www.franchise.net/au;
In Australia, the franchising sector is one area where numerous complaints are
received by the national franchising regulator, the Australian
Competition and Consumer Commission (ACCC). During the last financial
year the ACCC received more than 500 franchising complaints, and more
than a quarter of these were related to contractual disputes.
According to www.franchise.net/au, here's how franchise disputes are generally handled down under;
The Franchising Code of Conduct provides a choice of procedures for
formally resolving disputes about franchise agreements. Firstly,
franchise agreements must set out an internal complaint-handling
procedure for the franchise system.
Secondly, there is a code
complaint-handling procedure. These are designed to assist franchisees
and franchisors to avoid potentially costly and time-consuming legal
action. You can choose to use either or both of these procedures.
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So, in Australia, basically, it goes to a mediator. Does that sound familiar?
That's something I personally can't stand. It gives way too much power to the franchisors.
In the US, if franchisors choose the mediation route for franchisee disputes, (it will say as much in the FDD) they will be done in the state that the franchisor's headquarters are located in.
Advantage: Franchisor
I'm really not slamming franchisors. I just know what happened to a friend of mine, when he had a dispute "mediated." He told me that he never felt he had a chance once he showed up at the franchisors's headquarters.
Can we just go back to the old days? Courts. Judges. Etc.
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