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Franchise Dispute Resolution Blog

This will be a blog about best practices for resolving franchise disputes. I'm professionally interested in this as I've been a trial lawyer representing franchisors, franchisees, and franchisee associations for 25 years, and I've been a mediator for 20 years.

But I'm also personally interested. I've seen too many businesses get ruined senselessly in lawsuits that would have been resolved if both parties had been represented by attorneys knowledgeable in franchise law, skilled in dispute resolution, and with high ethics (mostly, don't milk the client for fees). I've seen this most with franchisees who have hired lawyers who think they know far more about franchise law than they do, and who don't even know enough to know what they don't know.  I've also seen the same thing happen to smaller franchisors. That's a personal tragedy for these folks and their families, and it's a blot on the legal profession.

I do believe that best practices exist for dispute resolution.  Disputes can and should be resolved cheaper, faster, fairer, and better than the way we go about it now.  My ultimate hope, perhaps quixotic, is to help develop consensus on these practices and to move to a system where attorneys are trained and certified in them.  The goal should be that any franchisee or franchisor should be able to find a lawyer certified in franchise law and dispute resolution.

But in the meanwhile, I hope to talk about franchise dispute resolution in practical and theoretical ways. I welcome robust debate and discussion.

About the Author:  Peter Silverman is a franchise lawyer, mediator and arbitrator. You can reach him at psilverman@slk-law.com. Read his biography page.  Any thoughts he offers on Blue Mau-Mau are his personal opinion and are not legal advice.

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About Peter Silverman

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PETER R. SILVERMAN is a partner with Shumaker, Loop & Kendrick, LLP, focusing on commercial litigation and alternative dispute resolution.