EPISODE · May 31, 2026 · 8 MIN
Why Franchise Mediation Clauses Are Under Fire in 2026
from Franchise Conversations with Fexingo: Buying, Running, and Scaling Franchise Businesses · host Fexingo
Episode 22 of Franchise Conversations examines the growing backlash against mandatory mediation clauses in franchise agreements. Lucas and Luna dive into a specific case: a Midwest-based quick-service franchise facing a class-action from franchisees who claim the mediation clause was used to bury legitimate disputes. Lucas walks through the typical mediation-fee split—often 50-50 but with the franchisor controlling the mediator pool—and cites data showing that over 70% of franchisees who enter mediation never litigate afterward. Luna brings a 2025 study from the American Arbitration Association revealing that franchisees prevail in only 12% of mediated outcomes. They discuss how a proposed FTC rule could require cost-neutral mediator selection and why some franchise systems are voluntarily removing these clauses to attract better owner candidates. No hot takes—just the numbers and what they mean for anyone signing a franchise agreement in 2026. #FranchiseMediation #FranchiseDisputes #FranchiseAgreements #MediationClauses #FranchiseLaw #FTCProposedRule #AAAStudy #FranchiseeRights #AlternativeDisputeResolution #FranchiseLitigation #QuickServiceFranchise #ClassAction #MediatorSelection #CostNeutral #DisputeResolution #FranchiseContract #FexingoBusiness #BusinessPodcast Keep every episode free: buymeacoffee.com/fexingo
What this episode covers
Episode 22 of Franchise Conversations examines the growing backlash against mandatory mediation clauses in franchise agreements. Lucas and Luna dive into a specific case: a Midwest-based quick-service franchise facing a class-action from franchisees who claim the mediation clause was used to bury legitimate disputes. Lucas walks through the typical mediation-fee split—often 50-50 but with the franchisor controlling the mediator pool—and cites data showing that over 70% of franchisees who enter mediation never litigate afterward. Luna brings a 2025 study from the American Arbitration Association revealing that franchisees prevail in only 12% of mediated outcomes. They discuss how a proposed FTC rule could require cost-neutral mediator selection and why some franchise systems are voluntarily removing these clauses to attract better owner candidates. No hot takes—just the numbers and what they mean for anyone signing a franchise agreement in 2026. #FranchiseMediation #FranchiseDisputes #FranchiseAgreements #MediationClauses #FranchiseLaw #FTCProposedRule #AAAStudy #FranchiseeRights #AlternativeDisputeResolution #FranchiseLitigation #QuickServiceFranchise #ClassAction #MediatorSelection #CostNeutral #DisputeResolution #FranchiseContract #FexingoBusiness #BusinessPodcast Keep every episode free: buymeacoffee.com/fexingo
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Why Franchise Mediation Clauses Are Under Fire in 2026
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