Creative Representation | Expert Litigation

Litigator’s Guide to Franchise Terminations – Settlement

by C. Griffith Towle

October 2002 – For many clients, it is sometimes difficult to fully appreciate all of the benefits that come from settling a dispute instead of pursuing litigation. For a number of reasons, that seems to be particularly true in franchise terminations. The franchisor may believe that the integrity of the franchise system hangs in the balance, the franchisee’s livelihood may be at stake, emotions are involved, and lines in the sand may be drawn. Counsel may also be guilty of failing to perceive the benefits of settlement. After all, trial attorneys are trained to attack and win. Settlement somehow seems less satisfying. Despite all of this, in all but a small percentage of cases, settlement is unquestionably the best alternative.  View a pdf copy of the article.