Listening to Franchise Owners

ATLANTA (Blue MauMau) - Mr. Fred Schwartz, president of the Asian American Hotel Owners Association, sat down with Blue MauMau for a chat about franchising. What ensued was an insightful discussion on the importance of listening for both franchisors and owners.

Schwartz is a 28 year veteran of the hospitality industry. In his past life he has held senior positions with Hyatt, Crowne Plaza and others. Since 1996, Schwartz has helped lead AAHOA, a coalition of independent franchisee associations of 8,300 members who own some 22,000 hotels.

schwartzFrom the start and rather naturally, the conversation gathered steam around a central theme of the franchise relationship—strong franchise networks have an uncanny ability to listen to franchise owners. Schwartz observes, “Franchisors may not like the message but they will listen to franchisees because there is value in doing so. The franchisor has ultimate control. That’s clear in the agreement that the franchisee signs. But that doesn’t preclude the franchisor listening to its licensees. They cannot just ignore them. That’s not right for a franchisor to do.”

AAHOA's president stresses that listening is far from a passive activity. There are listening channels that need to be developed by franchise systems. A franchisee association can be a very helpful vehicle to engage dialogue because their independence puts them in a good position to solicit honest dialog. “The franchisor needs to work it out with their independent association," Schwartz observes. “Making the independent association persona non-grata is not in the best interest of the franchisor.”

In the past year AAHOA has organized activities to facilitate listening among the hotel chains and franchise owners. The association has had 18 regional meetings, 30 town hall meetings, an annual convention. Those meetings help develop a close group of franchisors and franchisees. Schwartz views AAHOA as “a very fraternal organization, even among franchise sales people.”

Still, there is more to setting up an organization to listen than engaging the independent association and having frequent meetings. Franchise chains are developing organizational structures for listening. Hotel chains are beginning to create senior fair franchise positions that are meant to engage associations and franchisees. Mr. Schwartz observes, "Mr. Tim Shuy is Sr. Vice President of Fair Franchising for Choice Hotels. They created that position. And Wyndham is looking to create a Sr. Vice President of Franchise Relations.”

Listening should be done with cool heads. But sometimes the passions of franchise owners become so high that owners aren’t able to engage in constructive dialogue. They may want to seek their pound of flesh. Schwartz comments, “There is so much mistrust. Owners and management can easily pour gasoline on the fire. If cooler minds prevail at least you can start the recovery. Sometimes like a bad marriage you need someone to intercede or sometimes to move on.”

As a member of the steering committee of the National Franchise Mediation Program, Schwartz knows something about interceding in franchise disputes and mediation. He stresses how hotel chains are active in organizing many venues for listening. “AAHOA has had so many meetings with franchisors in 2007," he observes. "There are so many issues between franchisor and franchisee that can be dialogued out."

Such mechanisms go a long way in having constructive and healthy relations with franchise owners. But even then there will be a few franchise owners that just do not fit in the network for various reasons.

What then?

Schwartz thinks constructive dialog can help the franchise network in these situations as well. "If you are not right for us and we aren’t right for you, then let us figure out how we can lose each other," he declares.

With all of that dialogue and the insights that can be gained from listening, there is still risk for a hotel buyer—market risk and risk in the franchise relation. "You have to look at the franchise disclosure document and do your research. And remember that the government doesn’t monitor the contents of those documents.” Schwartz concludes the conversation with a warning to would-be hotel owners, “at the end of the day, it is still ‘buyer beware’."

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AAHOA Model of Dialogue

AAHOA is really one of the great umbrella franchisee associations.

But I am not really sure that the National Mediation Program works very well at all.

I know many of the people on the steering committee and respect them, but I don't get the sense that the program is filled with top notch mediators.

Somebody with numbers want to show that this program is really working. 

Michael Webster PhD LLB
Franchise News

Mediation

Maybe you can ask a member of the program how it works.

What kind of National Mediation Program does Canada have? How well does that program work?

CPR Mediation

Darnelle;

Here is the link to the CPR Franchise Mediation Program.

There are no Canadian mediators in the program.

It is actually a problem that I raised with several of board members about 6 months ago - can you guess which ones? 

Michael Webster PhD LLB
Franchise News

Canadian Mediators

I can guess which board members you spoke with. Its too bad that Canada has to come to U.S. organizations to remember and organize Canadian franchise mediation efforts. 

This seems to be one of those issues that major franchisor and franchisee organizations agree upon. The IFA, AAFD, and AAHOA are all endorsing this. I wonder if the CFA, AFA and other independent franchisee associations will soon endorse it?

Canadian Mediators Response

Actually, I think since the US has had far more litigation experience with franchises, it makes sense for Canadians to look to the US for mediation experience.

There is only one person in Ontario who advertises himself as a franchise mediator.  Sad, very sad. 

Michael Webster PhD LLB
Franchise News

Dispute management in association governance

In any association the question to be accounted for up front so that there is no claim of betrayal is when and under what circumstances association resources will be used in aid of any member's dispute.

The membership usually does not want to underwrite dispute resolution unless the dispute clearly focuses on issues that are common to the membership at large. In other words, dispute resolution expenses need to be specifically written out of the entitlements regulations in the membership terms.

In selecting which disputes to "back", generalities don't provide good guidance. The question is whether any particular case preents a favorable fact pattern and favorable party identity to optimize the likelihood of a result that the association is seeking. Illustratively, in the absence of a pervasive program to regiment the population in general, a determination by a franchisor to "deal with" certain issues and certain franchisees may not be something that the membership wants to pay for.

It is also better to "test" membership resolve by not having dispute resolution expenses in the membership dues mix at all. Instead, it is better to have special assessments for dispute resolution. By doing it that way, you get a real time sense of whether the membership really wants to take the lead in ponying up money to sort out a particular set of issues in a particular case. Doing it that way assures that only the most serious and pervasive dispute issues are addressed with association resources. All else remains solely the responsibility of the individual disputant(s).

Other than actual check writing, there are things that the association can do cooperatively for disputes of its individual members. These are usually guidance and outside resource identification - pointing the disputing member in the right direction to get what he may need - not an expense item in most instances.

If the manner of deciding where to spend money on dispute management is not handled in this way, the association will usually be ineffective. Everyone wants the group to pay his legal bills. The membership usually doesn't want that at all.

My tutorials at www.FranchiseeAssociationManagement.com may be helpful, especially when coupled with the points made in the tutorial about multi franchisee representation management on Franchise Remedies.com.

In the instance of hotels, it is especially relevant to differentiate between the owners of high cost hotels and those who own the Mom and Pop Motels. The issues are worlds apoart. 

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Richard Solomon, FranchiseRemedies.com,  has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School

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