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Franchise ADR Services

An Alternative to Court to Resolve Franchise Law Disputes

Ben Hanuka acts as a franchise mediator and arbitrator in Ontario, Alberta and British Columbia (and, if requested, in other provinces).

Costly, acrimonious disputes can occur even with the best written Franchise Agreements in place. Alternatives to court, including Arbitration and Mediation, can resolve issues faster, and avoid many costs associated with court proceedings.

To get in contact with our team of professionals about a Arbitration and Mediation, please fill out the form to get started!

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How Law Works Helps You with Arbitration & Mediation

In franchise disputes requiring arbitration or mediation, Law Works' principal, Ben Hanuka, is available to act as arbitrator or mediator.

Experience & Expertise

Ben has over two decades of experience as a commercial litigator with deep expertise in franchise disputes, having acted as counsel in many leading Ontario franchise court decisions. In his litigation cases, Ben has represented franchisors and franchisees, thereby understanding both sides of the dispute and able to act as an impartial arbitrator or mediator.

We have offices located in:

ExperienceandExpertise

Arbitration & Mediation Qualifications

Ben has extensive training and qualifications to act as arbitrator of franchise disputes, including:

  • FCIArb designation (Fellow, Chartered Institute of Arbitrators), 2019
  • Gold Standard Course in Arbitration by the Toronto Commercial Arbitration Society (TCAS), 2018
  • A member of TCAS, among other arbitration and alternative dispute resolution organizations
ArbitrationCertification

Appointing Ben Hanuka as a Mediator

Ben Hanuka acts as a franchise mediator in Ontario, Alberta and British Columbia (and, if requested, in other provinces).

Ben Hanuka brings extensive experience in Alternative Dispute Resolution (ADR) with a focus on franchise and commercial disputes. His approach is unbiased, efficient and leverages his understanding of franchise system dynamics. By appointing Ben as a mediator, you benefit from his practical insights, clear communication, and ability to navigate complex legal matters to help both parties reach a mutually acceptable resolution.

To inquire about appointing Ben Hanuka as a mediator in your case, please contact Rebecca Colley for further information on availability and terms.

 

Mediation Fees

  • Half-day mediation (two parties): $4,500 plus taxes
  • Full-day mediation (two parties): $7,500 plus taxes
  • Each additional party in a multi-party mediation: $750 plus taxes
  • Overtime (per additional hour): $550 plus taxes
  • These rates include up to five hours of preparation time.

Rescheduling, Settlement or Cancellation Fees

Rescheduling, settlement or cancellation more than 60 calendar days before the mediation:

  • Half day: no charge
  • Full day: no charge

Rescheduling, settlement or cancellation more than 30 calendar days before the mediation:

  • Half day: $1,500
  • Full day: $2,000

Rescheduling, settlement or cancellation less than 30 calendar days before the mediation:

  • Half day: $3,000
  • Full day: $4,000

Appointing Ben Hanuka as a Franchise Arbitrator

Ben Hanuka acts as a franchise arbitrator in Ontario, Alberta and British Columbia (and, if requested, in other provinces).

Ben Hanuka offers expert arbitration services tailored to resolve complex franchise and commercial disputes. Ben brings a deep understanding of the legal and business challenges involved in franchise arbitration. His approach is fair and impartial, ensuring that each party’s interests are considered within the framework of applicable franchise legislation. Ben Hanuka offers customized arbitration solutions, designed to streamline the process and achieve fair, timely outcomes that address the unique challenges of each case.

To inquire about appointing Ben Hanuka as an arbitrator in your case, please contact Rebecca Colley for further information on availability and terms.

 

Standard Arbitration Fees

Ben Hanuka’s Arbitrator Fees:

  • $550 per hour plus taxes

Deposit: A deposit is required for each day reserved for the arbitration, the estimated time for preparation, preliminary matters, award writing, venue expenses, and taxes.

Full day hearings commence at 10:00 a.m., adjourn at 1:00 p.m., resume at 2:00 p.m., and conclude at 4:00 p.m., unless otherwise agreed by the parties and the arbitrator.

Rescheduling, Adjournment, Cancellation or Settlement Fees

Rescheduling, adjournment, cancellation or settlement fees more than 30 calendar days before the scheduled start of a hearing of a conference, motion/application or arbitration:

Rescheduling, adjournment, cancellation or settlement more than 60 calendar days before the hearing:

  • No Charge

Rescheduling, adjournment, cancellation or settlement less than 60 calendar days before the hearing:

  • Time spent by the arbitrator before notification of the cancellation at the hourly rate of $550

Rescheduling, adjournment, cancellation or settlement less than 30 calendar days before the hearing:

  • Half of the amount of the deposit

Rescheduling, adjournment, cancellation or settlement less than 14 calendar days before the hearing:

  • Full amount of the deposit

Express Arbitration Fees

Express proceedings are designed for parties who want a fast and inexpensive arbitration. The fees are fixed, with strict time frames and limitations on the number of documents, length of briefs and time for the hearing.

The process takes less than 90 days from the appointment of the arbitrator to the issuance of the written award, and there is a maximum of a one hearing day. Full terms and conditions are set out in the arbitrator’s retainer agreement.

Standard Express Arbitration with an oral hearing:

  • $7,000 plus taxes, per party

Standard Express Arbitration In-writing arbitration:

  • $2,500 plus taxes, per party

Ben Hanuka’s Arbitration Articles and Continuing Legal Education Speaking Engagements

Arbitration Articles in Peer-Reviewed Legal Journals

  • Author, “Non-Signatories in Franchise Arbitrations” (2019) 27:2 Canadian Arbitration and Mediation Journal 13
  • Author, “Franchise Arbitrations in Ontario: Principles of Commercial Arbitration and Nuances of Specialized Disputes” (2015) 24:1 Canadian Arbitration and Mediation Journal 9
  • Author “Franchise Arbitrations in Ontario: Principles of Commercial Arbitration and Nuances of Specialized Disputes”, Canadian Arbitration and Mediation Journal (published by the ADR Institute of Canada), Spring/Summer 2015

 

Arbitration Articles Cited in Court with Approval

  • “Two Roads to Obtaining Injunctive Relief”, published in The Lawyer’s Daily in October 2016, cited in Allied Accounting et al v Pacey, 2017 ONSC 4388

 

Arbitration Continuing Legal Education and Industry Programs

  • Roundtable Moderator, “Navigating Multi-Party and Multi-Proceeding Arbitration Issues”, 19th Annual Franchise Law Conference, OBA, November 30, 2020
  • Speaker, “Confidentiality, Consolidation and Concurrent Disputes”, ADR Institute of Canada, Canadian Arbitration Week, September 23, 2020
  • Co-Chair, “Franchise Arbitrations: Strategies, Tactics and Dangers” dinner program, OBA, February 2009

 

Arbitration Articles in Legal Media

  • Author, “Smell test of Aroma Franchise arbitration decision”, Law360 Canada, April 19, 2023
  • Author “Franchise Arbitrations: Concurrent Claims, Affiliates and Multiple Parties” The Lawyer’s Daily, September 23, 24, 2020
  • Author, “Court Boosts Arbitral Agreements”, The Lawyers Weekly, March 31, 2017
  • Author, “Two Roads to Obtaining Injunctive Relief”, The Lawyer’s Daily, October 27, 2016
  • Author, “When to Choose Arbitration Over Summary Judgment”, The Lawyers Weekly, April 1, 2016
  • Author, “Reasonableness and the Law” The Lawyers Weekly, December 11, 2015
  • Author, “Backing Out is Hard To Do”, The Lawyers Weekly, October 30, 2015
  • Author, “Different Standards for Labour, Commercial Arbitration”, The Lawyers Weekly, September 18, 2015

Related Resources

  • Franchisee|
  • Franchisor|
  • Lawyer|

Choosing arbitration in franchise disputes: A guide for lawyers representing franchisees

By: Ben Hanuka Edited by: Rebecca Colley Franchise disputes are often complex, highlighting the disparity in sophistication and financial resources between franchisees and franchisors. When the franchise...

Ben Hanuka Principal of Law Works PC (Ontario), Ben Hanuka PC (Alberta) and Law Works LC (British Columbia)

  • Franchisor|
  • Lawyer|

Balancing fairness and complexity in franchise arbitration

By: Ben Hanuka Franchise disputes often involve complex relationships and differing levels of experience, financial resources or business and legal expertise between the parties and their counsel....

Ben Hanuka Principal of Law Works PC (Ontario), Ben Hanuka PC (Alberta) and Law Works LC (British Columbia)

  • Lawyer|

Smell test of Aroma Franchise arbitration decision, part one

This article, written by Ben Hanuka, originally appeared in the April 19, 2023, issue of Law360 Canada, part of LexisNexis Canada Inc. By Ben Hanuka   The...

Ben Hanuka Principal of Law Works PC (Ontario), Ben Hanuka PC (Alberta) and Law Works LC (British Columbia)