71When a party is taken to be trying to resolve a dispute

71 When a party is taken to be trying to resolve a dispute

A party will be taken to be trying to resolve a dispute if the party approaches the resolution of the dispute in a reconciliatory manner, including doing any of the following: (a) attending and participating in meetings at reasonable times; (b) during the dispute, not taking an action or refusing to take an action if the action or refusal would damage the reputation of the franchise system; (c) if an ADR process is being used to try to resolve the dispute—both: (i) making the party’s intention clear, at the beginning of the process, as to what the party is trying to achieve through the process; and (ii) observing any obligations relating to confidentiality that apply during or after the process.

Note: For paragraph (b):

(a) an action of providing inferior goods, services, or support is an example of an action that would damage the reputation of the franchise system; and
(b) a refusal to provide goods, services, or support is an example of a refusal that would damage the reputation of the franchise system.