Franchisor and franchisee conflict is often rooted in failed expectations, contractual obligations and operational practices. Many of these conflicts are ripe for pre-litigation resolution through communication, information exchange and a realistic assessment of options that can be achieved through mediation and/or an ombuds. This session will explore the nuanced roles of mediation and ombuds programs, including their relative advantages and disadvantages. For mediation, the program will focus on preparing effective conflict resolution provisions, criteria for a mediator, addressing common pitfalls of mediation, including, commitment, options assessment, participant preparation, pre-mediation preparation and effective representation strategies. For an ombuds program, the session will discuss training and criteria for a franchisor employee or third party ombuds, scope of authority, disputes best suited for an ombuds, the ombuds‘ potential investigations and interactions with franchisor, and confidentiality and enforcement of agreements.