Mediation

Have you considered an external mediator for your internal disputes?

Marketminds can provide mediation for those difficult disputes. As an experienced mediator, Philip Ciniglio can assist you with an internal mediation process using Philip as an external and impartial mediator.

Franchisor/Franchisee disputes are inevitable and are part and parcel of running a franchise system. Disputes can vary from minor to litigation and anything in between. If your dispute has reached a point of litigation then you should be taking steps towards a formal mediation either through the Office of Franchise Mediation or direct through an accredited franchise mediator. Mediation is mandatory under the Franchise Code of Conduct.

Be Pro-active

Many disputes can become serious and to avoid the dispute becoming a Lawyers dream you can have in place an internal dispute resolution process using a third party external mediator. Market Minds through Philip Ciniglio can provide this service. Philip has had very successful experience in assisting franchise companies in this way with great results. The benefits of using this service are:

1. Cost effective, by not involving external Lawyers at this stage.
2. Conducted in a friendly, non-threatening company environment.
3. Philip gives confidence to the franchisees of his impartiality through his credentials, credibility, success rate and ethics.
4. Philip will bring about resolution without embarrassment to either party and start the personal healing process.

Credentials

Philip has been conducting mediations since 1998 and his experience includes:
1. Over 15 years of mediation experience
2. An accredited mediator with the Office of Franchise Mediation Adviser (OFMA)
3. An accredited member of the Australian Mediation Association (AMA)
4. Completed over 45 mediations
5. A 90% success rate

Philip has been actively resolving disputes between franchisors and franchisees with mediations that have ranged between serious disputes that were heading for litigation to a simple breach of contract, the more serious disputes potentially saving several million dollars.

Case Study

The most significant dispute resolved was a potential “class action” that involved the Franchisor a Solicitor and 15 Franchisees.

This dispute potentially would have attracted negative publicity to the company, damaged the Franchisor’s reputation, lowered the value of the Franchisees businesses, damaged the brand image and cost several million dollars.

This was brought to a satisfactory resolution after many meetings and discussions. Both the Franchisees and Franchisor commended Philip's efforts.