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Mediation: Good, Bad or It Depends?

Mediation is often touted as the greatest thing since sliced bread for faster, fairer, and cheaper dispute resolution. Is it?

Ohio Beer Wine Distributors Win over MillerCoors

In July, 2008 Miller and Coors entered into a joint venture that created MillerCoors. In August, 2008, MillerCoors notified a number of beer and wine dealers that MillerCoors was terminating them on the ground that it was a "successor manufacturer" under the Ohio Alchoholic Beverages Franchise Act.

Mandatory Arbitration and the Automobile Dealer Arbitrations

Congress is still considering the arbitration fairness act, which could include a provision banning mandatory arbitration in franchises.  This hasn't gained a lot of traction in the franchisee world because the thinking behind it is fundamentally misguided.

Automobile Dealer Arbitrations

The automobile dealer arbitrations for GM and Chrysler are finished, and I believe they offer insight into how powerful a tool arbitration can be for franchisees (and franchisors).

Blue MauMau, Mavi Marmara and the Net

When I started blogging here, a franchise lawyer asked me, "Why are you blogging on that site?  Don't you think it's reputation will rub off on you?"

Early Active Intervention

Mediation is often touted as the panacea for dispute resolution.  It's not, and it suffers a bit from idol worship.  I'm a mediation evangelist myself, but it's just a tool and it has many limits.

Bombthrowers and Lapdogs: When Franchisees Fight Each Other

Bombthrowers and lapdogs are the perjoratives usually flung in a fight among franchisees like that described in today's article on the Choice Hotel Advisory Council.

Arbitration Is Good for Franchisees and Franchisors

The alarms that sound about arbitration for franchisees are nonsense.  They are built on unexamined anecdotes or examples of bad lawyering or they mistake the exception for the rule.

Faster and Cheaper: Kill the lawyers?

So if the dispute resolution system is broke in terms of serving franchise businesses, why can't we make it faster and cheaper? One easy target is lawyers.

New Auto Dealers Arbitration: Faster, Cheaper

Congress just passed a bill to allow terminated auto dealers to arbitrate their termination under an expedited procedure.  The procedure highlights the issue of faster, cheaper, that I've been discussing.