How to Prepare for a Franchise Mediation Session

Mediation is not a passive process. The parties who get the best outcomes are the ones who prepare thoroughly — who know their facts, understand their interests, and come to the table ready to negotiate.

Start with your documents. Gather your franchise agreement, all amendments and addenda, correspondence with the franchisor, financial records relevant to the dispute, and any notices or default letters. Your mediator will review these before the session; having them organized saves time and demonstrates that you're serious.

Know your interests, not just your positions. A position is what you're asking for: 'I want the termination reversed.' An interest is why you want it: 'I've invested $400,000 in this business and I need it to continue operating.' Mediators work at the level of interests, not positions. Understanding your own interests — and being willing to articulate them — opens the door to creative solutions.

Think about the other side's interests too. What does the franchisor actually want? Often it's compliance, not termination. Understanding their interests helps you identify solutions that work for both parties.

Finally, know your BATNA — your Best Alternative to a Negotiated Agreement. If mediation fails, what happens? Understanding your alternatives helps you evaluate settlement offers realistically and avoid holding out for an outcome that's unlikely to materialize.

Our mediators provide pre-mediation guidance to all parties. Contact us to learn more about our preparation process.