The professional problem solver: the judge reinvented
In our society, a true alternative circuit of problem solvers exists, including in the form of mediators. In itself, every initiative to solve a problem is to be welcomed, and with it the problem solver. This does not mean that every problem solver is always equally skilled. In franchise disputes, legal positions are involved and ditto solution directions are guided by those who say they know, but do not always have the expertise to do so. The opposite also occurs: franchise disputes are sometimes so much governed by a legal framework as such that a practical solution is in the way, including the involvement of a mediator.
Fortunately, we in our country have well-trained and expert problem solvers par excellence, namely judges. Not infrequently, at a reasonably early stage of a procedure, the courts today force the parties, with a soft or sometimes hard hand, to find a conclusive solution to their problem, where the parties have not yet reached this direction by the court. could come together. Judges are very adept at adjudicating disputes, including franchise disputes. This does not mean, of course, that mediation is not suitable by definition; Due to circumstances, this may well be the case right now. However, if the dispute is not resolved, it is recommended that the dispute be assessed by the judiciary in order to guarantee both the quality of the legal process and the legal protection for all parties.
Ludwig & Van Dam franchise attorneys, franchise legal advice

Other messages
No non-compete violation by franchisee – mr. AW Dolphijn – dated February 4, 2021
On 20 January 2021, the District Court of Rotterdam, ECLI:NL:RBROT:2021:657, ...
(Partially) similar activities not in conflict with non-compete clause – mr. RCWL Albers – dated February 4, 2021
In recent proceedings, two (former) franchisees were sued by their ...
Court issues groundbreaking verdict: Rent reduction in substantive proceedings for catering operators as a result of the lockdown – mr. C. Damen – dated February 1, 2021
Last Wednesday, a controversial ruling was made and published for ...
Article Franchise+ -The risks of a minimum turnover requirement in the franchise agreement for the franchisor
Including a minimum turnover to be achieved in the franchise ...
Article The National Franchise Guide: “Minimum turnover as a forecast”
For many years now, the responsibility and liability of the ...
Article Franchise+ – “Franchise statistics 2019: decline trend continues, caused by the Franchise Act?”- mr. J. Sterk, mr. M. Munnik and mr. JAJ Devilee
Since 2007, Ludwig & Van Dam attorneys have been periodically ...



