An Alternative to Court to Resolve Franchise Law Disputes
Ben Hanuka acts as a franchise mediator and arbitrator in Ontario, Alberta and British Columbia (and, if requested, in other provinces).
Costly, acrimonious disputes can occur even with the best written Franchise Agreements in place. Alternatives to court, including Arbitration and Mediation, can resolve issues faster, and avoid many costs associated with court proceedings.
To get in contact with our team of professionals about a Arbitration and Mediation, please fill out the form to get started!
Ben has over two decades of experience as a commercial litigator with deep expertise in franchise disputes, having acted as counsel in many leading Ontario franchise court decisions. In his litigation cases, Ben has represented franchisors and franchisees, thereby understanding both sides of the dispute and able to act as an impartial arbitrator or mediator.
We have offices located in:
Ben has extensive training and qualifications to act as arbitrator of franchise disputes, including:
Ben Hanuka acts as a franchise mediator in Ontario, Alberta and British Columbia (and, if requested, in other provinces).
Mediation is a structure for formal negotiations through a mediator who is often appointed collectively by all sides to the dispute. The goal of mediation is to reach a compromise between all parties to the dispute. If mediation is successful, it results in a settlement agreement that all parties sign off on and enter voluntarily.
In mediation, all parties to the dispute have significant control over the process and in designing the terms of the settlement. They determine the method of mediation and select a neutral third party to act as the mediator.
The mediator’s role is to facilitate negotiations and guide the parties towards a settlement. The mediator is not a judge who decides the case. The mediator does not decide the case or award damages like a judge or arbitrator. Rather, the mediator tries to move the parties towards a mutually agreeable settlement.
Mediation can be a required first step under the terms of some franchise agreements before pursuing a legal proceeding. It can also be required in a court proceeding in certain court venues in Canada, such as Toronto.
Rescheduling, settlement or cancellation more than 60 calendar days before the mediation:
Rescheduling, settlement or cancellation more than 30 calendar days before the mediation:
Rescheduling, settlement or cancellation less than 30 calendar days before the mediation:
Ben Hanuka acts as a franchise arbitrator in Ontario, Alberta and British Columbia (and, if requested, in other provinces).
An arbitration is a private legal proceeding that is governed by provincial or federal arbitration statutes (depending on the jurisdiction of the dispute) and by the terms of the parties’ arbitration agreement (which, in franchising, is usually contained in the franchise agreement).
Franchise arbitration adjudicates a dispute under a franchise or related agreement, or where the parties to a franchise agreement have otherwise agreed to resolve their dispute by arbitration. Many franchise agreements require that all disputes between the parties be resolved by arbitration.
Franchise disputes can relate to the purchase, renewal or termination of a franchise. Disputes sometimes come up before entering into the franchise agreement about deposits and pre-sale agreements.
Parties to a franchise agreement can also have disputes during the franchise relationship, such as disputes about alleged operational non-compliance with the requirements of the franchise agreement, territorial and location rights, advertising, support, alleged bad faith conduct, or alleged misrepresentations.
After a franchise relationship ends, a franchisor and franchisee may be in dispute about alleged violations of non-competition or other post-termination obligations in the franchise agreement.
In a franchise arbitration, a neutral private arbitrator is selected by both parties, or otherwise appointed by a method set out in the arbitration agreement (or in the applicable arbitration statute). The arbitrator will set the procedure for the arbitration case from start to finish. Depending on the terms of the arbitration agreement between the parties, the arbitrator’s decision is normally final and binding.
Ben Hanuka’s Arbitrator Fees:
Deposit: A deposit is required for each day reserved for the arbitration, the estimated time for preparation, preliminary matters, award writing, venue expenses, and taxes.
Full day hearings commence at 10:00 a.m., adjourn at 1:00 p.m., resume at 2:00 p.m., and conclude at 4:00 p.m., unless otherwise agreed by the parties and the arbitrator.
Rescheduling, adjournment, cancellation or settlement fees more than 30 calendar days before the scheduled start of a hearing of a conference, motion/application or arbitration:
Rescheduling, adjournment, cancellation or settlement more than 60 calendar days before the hearing:
Rescheduling, adjournment, cancellation or settlement less than 60 calendar days before the hearing:
Rescheduling, adjournment, cancellation or settlement less than 30 calendar days before the hearing:
Rescheduling, adjournment, cancellation or settlement less than 14 calendar days before the hearing:
Express proceedings are designed for parties who want a fast and inexpensive arbitration. The fees are fixed, with strict time frames and limitations on the number of documents, length of briefs and time for the hearing.
The process takes less than 90 days from the appointment of the arbitrator to the issuance of the written award, and there is a maximum of a one hearing day. Full terms and conditions are set out in the arbitrator’s retainer agreement.
Standard Express Arbitration with an oral hearing:
Standard Express Arbitration In-writing arbitration:
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