Disputes with Franchisors
Under The Franchising Code of Conduct (“Code”), all franchise agreements entered into after 1 October 1998 must include the dispute resolution procedures set out in the Code, which states that:
• the complainant writes to the "respondent" (the person that you are disagreeing with) explaining the nature of the dispute, your desired outcome and how this can be achieved;
• if you still can't solve the dispute within a period of time, either party can refer the dispute to a mediator;
• if you can't agree on a suitable mediator, you can ask the Office of the Mediation Adviser to arrange this;
• both parties share the costs of the mediation;
• despite this procedure, either of you can also take legal action if you want to.
Where can I get help?
There are many complicated issues related to franchising. Because of this the Franchising Code of Conduct makes it compulsory for a franchisee to get proper professional advice before signing any franchise agreement.
• draft and advise on franchise documents; and
• act in disputes regarding franchises.
For further information, contact: