Mediation Services

Alternative Disputes Resolution

If you have a problem or a complaint or a dispute then the Association and its members have some avenues, processes and suggestions which may be of help to you.

They include:

First Steps

If you are looking to enter into a Franchise as a Franchisee look for systems which are members of the Association. Why? Association members are required to undertake to comply with the Association’s Code of Ethics and Code of Practice. These commit them to take various steps including requirements that:

• A process is followed of referring prospective Franchisees to independent legal and accounting advice before they enter the franchise and requiring certificates to be signed that this requirement has been followed.
• They comply with certain standards as to how they conduct their business and that they supply you with copies of both Codes; and
• There is a 7 day “cooling-off period” for Franchisees to change their mind after signing; and
• The Agreements also contain dispute resolution provisions which seek to resolve matters as early as possible and require mediation before matters can be taken to litigation or arbitration;

Do you understand your role?

Very often problems arise because parties do not have a clear or accurate understanding of what their respective responsibilities and obligations actually are. If problems occur, these should be checked out first. Often documents setting out obligations are quite technical, whether they are franchise agreements or operation manuals or something else, and they do not sit alone, but in a context where what they mean can be influenced by surrounding circumstances and, for that matter, other legal obligations. Also, your objectivity may be clouded by being emotionally too close to the issue.

People to turn to, depending on the seriousness of the problem, may include other franchisees (if you are a franchisee), the Franchise Council (if there is one) for the system, and independent experienced legal and/or other professional advisers. But first of all, unless it really is not practical in the circumstances, start by talking with the other party, franchisor or franchisee, as more often than not there is a very simple explanation of something which the other party has overlooked or not understood properly, or there has been a simple communications failure.

Independent Advisers

The Association has a variety of independent professional advisers, lawyers, consultants, and accountants among its members.  They tend to have a far greater knowledge and understanding of franchising than those who do not. Details of them are listed below.

When in doubt, check it out. For prospective Franchisees it cannot be too strongly emphasised that you should take proper independent legal and other professional advice from advisers who are actually knowledgeable and experienced in franchising before you enter a franchise agreement.

The Franchise Association of New Zealand Inc. maintains a panel of mediators to assist members in dispute resolution by mediation.  To be eligible to be on the Panel each Panel Member has:

1. Undertaken the Association’s training course; and
2. Has an approved qualification as a Mediator; and
3. Is a member of the Association; and
4. Has signed a binding Agreement with the Association committing to observe the required standards including confidentiality requirements. 

Below is a list of the current panel members and brief biographical details as supplied by each of them.

PLEASE NOTE: The Association maintains the Panel and provides this information as a service to the franchising community and DOES NOT accept any responsibility or liability for the outcome of any reference to any mediator or any matter arising in relation to any mediation.  The personal details are as provided by the Panel members. If you wish to commence formal mediation under the FANZ Code of Practice, you should contact the Executive Director by phone or email.

Franchise Association Approved Mediators

Click on a mediator's name below to find out more:

• Andrew Clemow
• Ross Dillon
• Robert J. Fowler
• Stewart Germann
• Jim Kilpatrick
• Clayton Kimpton
• Andrew Wilks
• Peter Woods
• Trish Blyth

Andrew Clemow

Partner, Gaze Burt - Lawyers, Auckland, New Zealand

Contact details:

Ph: +64 9 303 3764    Fax: +64 9 309 3114    Email: Click here   Website: www.gazeburt.co.nz

Qualifications:

Bachelor of Laws - University of Auckland , Bachelor of Arts – University of Auckland (Senior prize in history), Accord Group Mediation Practice (Hong Kong,2006), Barrister and Solicitor of the High Court of New, Andrew is a member of the panel of mediators for the Franchise Association of New Zealand, and also for Resolve, Reconciler Mediation Practicum (2004), NZLS Advanced Litigation Skills Course (2005), Advanced Diploma in Theology and Christian Ministry (1998)

Experience:

Andrew has frequently represented clients in mediation since 1996, primarily in franchising employment, commercial, and family relationship breakdowns.  He has a very good understanding of the dynamics of conflict, and the relevant law, in these areas, through many years of practice as a dispute resolution lawyer.  Andrew has represented clients in mediations in diverse fields including employment relations, franchising, information technology, professional obligations, land law, company disputes, care of children, relationship property and defamation.  He has a passion for helping people involved in conflict move from chaos to order.

Andrew’s mediation qualifications include intensive “mediation practice” training undertaken in Hong Kong under the tutelage of Accord Group Australia.  Accord Group mediation training has been accredited by Law Society of New South Wales, Bar Association of New South Wales, Victorian Bar Association, South Australian Law Society, Western Australian Dispute Resolution Service, The Law Institute of Victoria, Queensland Law Society, Institute of Arbitrators and Mediators Australia, UK Chartered Institute of Arbitrators (CIArb), Hong Kong International Arbitration Centre (HKIAC), Law Society of England and Wales and UK General Council of the Bar as an accredited mediation course.

Andrew has also undertaken training in Christian mediation through the resolve “Reconciler Training Programme and Practicum”.  Andrew is a member of the National Council of OAC Ministries and is a member of the teaching team at Ngaire Avenue Bible Chapel.

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Ross Dillon

Partner, Gaze Burt - Lawyers, Auckland, New Zealand

Contact details:

Ph: +64 9 303 3764    Fax: +64 9 309 3114    Mobile: +64 25 276 511    Email: Click here   Website: www.gazeburt.co.nz

Qualifications:

LLB (Hons) (Auckland University), M.Com Law (Hons) (Auckland University), Barrister and Solicitor of the High Court of New Zealand, Barrister and Solicitor of the Supreme Court of Victoria, Australia

Experience:

Ross specialises in dispute resolution including commercial negotiation, mediation, arbitration and of course litigation in every level of our court system. 

He has recently completed a Master of Commercial Law course, with emphasis on company law topics, where he gained an award of first class Honors.  He has obtained appointment as the Director of Advocacy of the recently formed New Zealand Shareholders’ Association Inc.

Ross is also a Council member of the Leprosy Mission of New Zealand Inc. Ross is a member of a number of specialist industry associations, including interests in insurance law, intellectual property law, insolvency law, family and property law.

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Robert J. Fowler

Mediation & Management Ltd – Mediator, Bedpost NZ Ltd - Franchisor

Contact details:

Ph: +64 9 278 1010    Fax: +64 9 278 0002    Email: Click here

Qualifications in Mediation:

Disputes/conflict resolution – Auckland University of Technology, Certificate Mediation LEADR, Masters Class Advanced Mediation – Bond University with LEADR, Member LEADR legal education Alternative Disputes Resolution, Accredited LEADR Panel Member, Certificate of Mediation Hong Kong University

Franchising Experience:

Past Chairman – Franchise Association of NZ Inc., Past Member Franchise Association Board, FANZ Chairman Complaints & Disciplinary Committee since 1999, Appointed to Mediation Panel of the Franchise Association of New Zealand, Franchisor since 1993 – Bedpost New Zealand

I look forward to assisting you resolve your franchising concerns.

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Stewart Germann

Principal - Stewart Germann Law Office

Contact details:

Ph: +64 9 308-9925    Fax: +64 9 308-9922    Email:  Click here

Qualifications:

Bachelor of Commerce – University of Auckland, Bachelor of Laws – University of Auckland, LEADR Course - Qualified Mediator, Notary Public

Past Achievements:

Past Chairman of the Franchise Association of New Zealand, 1997-1999, Past Board Member of the Franchise Association of New Zealand, 1995 - 2001, Wrote the Rules of the Franchise Association of New Zealand together with the Code of Practice which forms part of those Rules.

Franchising Legal Experience:

Extensive experience in franchising law and licensing since 1980, Acted for many overseas companies expanding their businesses into New Zealand, Acted for New Zealand franchisors in exporting their businesses overseas, Advice on intellectual property matters. Involved in dispute resolution, particularly mediation, and have acted as counsel at a mediation, Has spoken on franchising at universities throughout New Zealand and at conferences in New Zealand, Australia and the USA.

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Jim Kilpatrick

Partner - Urlich McNab Kilpatrick, Whangarei, New Zealand

Contact details:

Ph: +64 9 438 7938    Fax: +64 9 438 8467    Email: Click here

Qualifications:

LLB, Notary Public, Barrister & Solicitor, LEADR Mediation Workshop – Sept 1995, Northland Panel of Mediators

A commercial lawyer with 28 years experience Jim completed LEADR mediation training in 1995.  He has experience with resolving commercial, employment and farming disputes as a mediator and as counsel for the parties.  He is a member of the LEADR Panel of Mediators, a member of the Arbitrators and Mediators Institute of NZ Incorporated and a founding member of the Northland Panel of mediators as well as being a member of the Franchise Mediation Panel.

Jim was born in Gisborne and graduated LLB in 1975 from Victoria University of Wellington.  A background in litigation has led to a keen interest in problem solving using alternative dispute resolution techniques, particularly mediation.  Jim’s other main practice fields are commercial and trust law.  He is a Notary Public.

Jim is available to act as mediator or as counsel for a party in all commercial, franchising, farming, relationship and employment disputes.  Office facilities are available for this purpose at Whangarei.

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Clayton Kimpton

Kensington Swan, - Lawyers, Auckland, New Zealand

Contact details:

Ph: +64 9 379 4196 or 64 9 375 1111 (direct line)    Fax: 64 9 379 0345 (confidential)    Mob: 021 846 337    Email:  Click here

Qualifications:

LLB University of Auckland (1988), Barrister and Solicitor of the High Court of New Zealand (1988), Barrister and Solicitor of the Supreme Court of Victoria, Australia (1999)

Clayton has a background in commercial dispute resolution including difficult and sensitive mediations and negotiations for commercial parties where ongoing relationships are essential.  He appears at all levels of the court system including the High Court and the Court of Appeal.

Clayton is a qualified commercial mediator, an approved mediator for the Franchise Association of New Zealand Inc. and for Resolve, a member of LEADR and has participated both as counsel and mediator in a range of successful mediations.  He appears before the Mediation Service, the Employment Relations Authority,  the Employment Court and Court of Appeal.

A regular presenter and trainer at seminars for clients and business associations, Clayton enjoys keeping clients informed of developments and leading clients to commercial solutions.

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Andrew Wilks

Commercial Lawyer and Mediator

Contact details:

Ph: 09 634 1888    Fax: 09 634 1889    Mob: 021 233 5300    Email: Click here    Website: www.wilkslaw.co.nz

Qualifications:

BA, LLB University of Auckland (1986), Barrister and Solicitor of the High Court of New Zealand, Commercial Mediation Training Course, Accord Group, Sydney
Accredited Mediator - LEADR Panel of Mediators

Relevant Memberships:

Franchise Association of New Zealand (affiliate member), LEADR (member), Arbitrators and Mediators Institute of New Zealand Inc (affiliate member), Resolve (Christian Service for Dispute Resolution) Inc (member)

Andrew Wilks is a commercial lawyer, whose 12 years’ experience in franchising has included advising franchisor and franchisee clients from small family businesses to large retail corporations and international franchisors.  He has been involved with the Franchise Association since 1995.  Andrew’s familiarity with the complexities of franchise disputes and the need to avoid unnecessary litigation led to his training as mediator in 2005 under one of Australia’s best-known franchise mediators, David Newton of the Accord Group.

Andrew is committed to continuing professional development in mediation, and regularly attends workshops run by AMINZ and LEADR.  Andrew is engaged in the Massey University graduate diploma in dispute resolution.  He has also trained as a conciliator with Resolve.

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Peter Woods

Partner, Anthony Harper - Lawyers, Christchurch, New Zealand

Contact details:

Ph: +64 3 364 3816    Fax: +64 3 366 9277    Email: Click here    Website: www.ah.co.nz

Qualifications:

LL.B, B.Sc (Canterbury 1984), LL.M (Advanced Litigation, Nottingham, UK, 1996), Barrister & Solicitor (New Zealand), Solicitor (England), Accredited Mediator (CEDR, UK, 2000)

The only Panel Member based in the South Island. Peter specialises in Commercial Dispute Resolution.  He is an accredited Mediator and Commercial Litigator. He has represented both Franchisors and Franchisees including at judicial settlement conferences and mediations. He has successfully conducted mediations both in England and New Zealand. He has particular interest in Intellectual Property and represents a leading national Franchise, including to protect its brand involving injunction proceedings to stop unlawful use of confidential information.

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Trish Blyth

Mediator, Auckland, New Zealand

Contact details:

Ph: 0800 02 mediate (0800 02 6334)   Mob: 021 677 950    Website: www.themediator.co.nz

Trish practised as a lawyer in Christchurch for a number of years and then trained law graduates for the Institute of Professional Legal Studies (IPLS) at the University of Canterbury. She also held the position of Editor for the IPLS where she wrote, edited and produced mediation, interviewing and negotitation course materials.

Trish has always been passionate about mediation, a passion she demonstrated early on when she helped set up, and become a Director of a Community Mediation Service in Christchurch.

Trish's mediation experience includes acting as a tenancy Mediator for Housing New Zealand. She has her own private mediation practise, which includes contracting to the Ministry of Justice as a Disputes Tribunal Referee and contracting to Dispute Resolution Services Limited as a Mediator in ACC and Health and Disbility disputes.

She is on the panel of mediators of both AMINZ and LEADR (the two professional mediation bodies in NZ) and she is often invited to coach at LEADR courses.
Trish's mediation style is to create the space for people to be heard. Trish helps people to really listen to each other, work out what their issues are and hear what each other needs, so they can create options that will meet their needs and then move forward to reach agreement.

Trish considers her style of mediation works well for franchise disputes where there is often and ongoing commercial relationship.

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