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السبت، 29 يونيو 2019

Reasons People Prefer Franchise Arbitration Over Litigation

By Stephanie Lee


In case you are facing disputes with your franchisee or franchiser, the best way to resolve the conflicts is by a conciliation process. Franchise Arbitration is, therefore, the best and easiest way to resolve the disputes you may be having. This form of resolution is also suitable for people that do not want to go through the litigation process. This is, therefore, an alternative dispute resolution process. It is usually thought to be a light form or version of courtroom litigation. There are many advantages that make people prefer this ADR form. The following are some of the advantages that people get from this ADR.

This process is simple. It is thus preferable to most business people that are facing disputes. More so, people do not need to appear in court. Therefore, business people will not go through a jury trial like most cases. Hence, if you wish to settle your issues in a speedy, simple, and private manner, consider choosing this form of alternative resolution.

The process usually offers neutrality to both parties. Thus, the franchisee and franchiser can choose the location where the proceedings will take place. Therefore, no one will be favored or discriminated against when selecting the location. Usually, selecting a suitable location needs legal advice. This is because the parties must settle on a common place that will not favor any of them. Also, the implications may be positive or negative towards the case.

The flexibility of the process cannot be overlooked. This is because parties can select procedural nature. More so, they will be the ones to choose how the case will take place. They will also set the rules that will be used during the trial. ADR process is similar to formal litigation, but it is faster, simpler, and more flexible.

This process offers both parties confidentiality. Thus, unlike court proceedings, the procedure is confidential. This is essential because the reputation of the brand can be protected. Therefore, the franchiser will retain his/her business integrity. Also, the parties can exchange vital information that will remain confidential. Thus, whatever happens will not get to the media. This is one of the reasons people opt for this procedure.

The ADR is usually fast than court proceedings. Therefore, the process can be completed within a short time. The parties may even set a time-line for the case. Since the process does not take much time, the parties will save on costs as well as time. Hence, they can complete the case within the agreed time and continue with their work.

When the arbitrator gives a verdict, it becomes the final decision. This is after listening to both participants and gauging their pieces of evidence. Finality is, therefore, another critical advantage of this process. No participant can appeal unless it is in the rules. Thus, to win the case, both parties should come up with enough documents and evidence.

The simplicity of the process is also another advantage that the parties get. The rules involved are straightforward because the parties are the ones that make them. Therefore, there will be no surprises. If you are currently facing a dispute, you should consider resolving it through the ADR process.




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