Distribution and Franchise Agreements are an essential part of many businesses and yet there are many factors that can result in disputes. FICM neutrals have extensive experience in resolving such disputes, many of these disputes are referred to FICM through dispute resolution clauses in contracts (although any dispute can access the FICM service).
DISPUTE RESOLUTION SPHERE
Termination of agreements
Breaches in exclusivity
Infringement of Intellectual Property
Mediation: is a quick, cost-effective way to manage a dispute over contract, find a potential settlement and can also help to maintain relationships, objectives and morale of those effected.
Although many mediations are post issue of legal claim, to use this service you do not necessarily have to have a formal ‘dispute’ or require a ‘formal’ mediation. Mediators can be used as neutral facilitators, chairs, experts, adjudicators, or consultants and alternative forms of dispute resolution are also offered including:
Early neutral evaluation: An assessment of facts, evidence or legal merits.
Arbitration, expert determination and adjudication: An independent expert is appointed to decide the dispute or provide judgment on specific issues.
Independent interventions and fact-finding/investigations: Roles may range from a ‘trouble-shooter’ facilitating negotiations or an independent assessment to provide clarification of particular issues to support decision-making.
Small to Medium Enterprises
Sole traders and private individuals
Employers and employees