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Mediation Best Practices

Mediation is a feasible option to resolve franchise disputes, which involves a neutral third party facilitating an agreement that satisfies all parties involved. This method is a faster and more economical substitute to taking legal action.

Through the mediation process, the disputing parties are offered more autonomy in determining the outcome, and the proceedings are kept private. It is recommended to seek the counsel of a franchise mediation lawyer to facilitate an amicable resolution to any conflicts.

Elements of Mediation

Mediation processes are intricate and may require several prerequisites to make it effective. The following are the critical components that facilitate a prosperous mediation process:

Neutral Third-Party

A neutral third-party mediator should facilitate the mediation process. They act as intermediaries between the parties to foster discussion and negotiation. The mediator should be impartial and shouldn’t take sides. They should aid the parties express their interests and needs, as well as identify areas of mutual agreement.

Voluntary Participation

For mediation to be successful, it’s important that all parties involved voluntarily agree to participate in the process. They must be fully committed to finding a resolution to their dispute and ready to work together in harmony towards this common goal.


In mediation, confidentiality is of utmost importance. All parties involved must keep the discussions and negotiations private to ensure that everyone feels comfortable to speak openly and honestly without fear of any negative consequences.

Open Communication

The mediator plays a vital role in promoting an open and honest dialogue between the parties. They create a safe and non-judgmental environment where everyone can express their concerns, interests, and needs freely.


Mediation is all about finding solutions to problems. Mediators play a vital role in helping the parties involved in many ways, such as:

  • Identifying the root cause of the conflict
  • Identifying practical solutions, and  
  • Negotiating a resolution that meets the needs of all parties involved.


Mediation is a versatile way of resolving conflicts that can be customized to suit the particular requirements of each party involved. Depending on the situation, the mediator can utilize different techniques to promote effective communication and bargaining.


The main aim of mediation is to come to a mutually agreeable solution that satisfies everyone involved. To achieve this, a mediator can assist the parties draft an agreement that clearly states the terms of the resolution. Once all parties agree to the terms, they sign the document, making it a legal and binding agreement.

Advantages of Mediation Over Other Dispute Resolution Mechanisms 

Apart from using mediation, there are several other mechanisms to resolve disputes in a franchise, such as negotiation, arbitration, and litigation. Each of these methods has its advantages and disadvantages.

It’s crucial to carefully consider all the available options before selecting the most suitable approach for your situation. Nevertheless, mediation is considered a superior choice for several reasons.

Mediation Is A More Flexible Approach 

Mediation is more flexible than other ways of resolving disputes because it gives the parties involved more say in how things happen. The parties can pick the mediator, decide when and where the mediation takes place, and even the enforcement of the mediator’s verdict. Also, the parties can come up with unique solutions that work for everyone involved


The parties in a dispute can opt to either go to court or use mediation to solve the issue. Going to court means the public can access the details of the dispute. On the other hand, mediation is a private process, so everything discussed is kept confidential. 

The benefit of this confidentiality is that it creates a safe space for both parties to be open and honest with each other. Consequently, this confidence facilitates better communication and more effective problem-solving.


Going to court or arbitration can be expensive. On the other hand, mediation is a more affordable option because both parties can share the cost of the mediator’s fee.

Mediation Is A Less Adversarial Process 

Going to court or arbitration can create tension and hostility between parties. As expected, both sides will be hellbent to winning. In contrast, mediation aims to bring both parties together to reach a mutually beneficial outcome.


Mediation is a better approach to settle conflicts because it provides a greater chance of success compared to other mechanisms. This is because the process empowers both parties to have a say in how the dispute is resolved. As a result, the outcome is more likely to be acceptable and agreeable to everyone involved.

To achieve a successful mediation, it is imperative to have an unbiased mediator, voluntary involvement of all parties, confidentiality, transparent communication, a focus on problem-solving, flexibility, and a shared objective of reaching an agreement. These elements combined allow parties to resolve conflicts in a just, timely, and efficient manner.