Jeffrey Michael Giddings

New perspectives on the causes of franchising conflict in Australia

Purpose – Although Australian franchising sector regulation promotes system disclosure and provides for mandatory conflict mediation, there is some concern that inequities exist within the conflict management process. From 2006 to 2008 no less than four government inquiries into franchising took place in Australia in an attempt to resolve problems occurring in the sector. A major issue was that of the perceived imbalance of power in the franchisor‐franchisee relationship, which often results in conflict between the two parties. The purpose of this paper is to extend the conflict literature in dyadic exchange relationships through investigating the causes of conflict from the franchisor and franchisee perspectives.Design/methodology/approach – Exploratory research is undertaken to identify the major causes of franchising conflict. Face‐to‐face interviews are conducted with 24 franchising experts, such as lawyers and mediators, to draw upon their considerable experience in the sector.Findings – The key find...

What went wrong? Franchisors and franchisees disclose the causes of conflict in franchising

Purpose – The rapid growth of the Australian franchising sector since the 1980s has been accompanied by tension, conflict and disputation, causing concern for regulatory bodies. However, little is currently known about the antecedents of conflict in franchising, thus, the purpose of this paper is to address this deficiency by exploring the antecedent factors associated with conflict in this domain.Design/methodology/approach – A series of 11 multiple case studies, involving 30 protocol discussions with franchisors and franchisees, was undertaken across a variety of franchise systems in order to explore the topic and to refine the research question and develop hypotheses for the next stage of the research.Findings – A number of themes emerged from the qualitative investigation which led to the development of 12 research propositions that include constructs such as expectations confirmation, trust, openness, perceived support and relationship satisfaction in attempting to explain the antecedent causes of co...

Large-scale Map or the A-Z? The Place of Self-help Services in Legal Aid

Australian legal aid agencies are increasing their reliance on self-help legal services as part of their service delivery mix. Self-help legal services seek to harness the productive capacity of consumers,enabling wider distribution of legal aid services. The move to self-help services as an alternative to traditional legal service delivery appears to have gained momentum in advance of any sound understandings of what legal consumers, and legal aid consumers in particular, are capable of. In addition to the cost benefits of providing self-help services rather than traditional legal services, these services have been promoted on the basis of their capacity to empower users to address their own legal matters. Examples of the misuse by government agencies of notions of empowerment emphasize the importance of ensuring the usefulness of self-help legal services.

Contemplating the Future of Clinical Legal Education

This article considers the factors that are likely to continue to shape the future of clinical legal education. Drawing on the history of clinical legal education, both in Australia and more broadly, the article considers how those involved in clinical programs might best promote program sustainability. The article examines the continuing creative tension between goals related to student learning and those related to community service, as well as considering the emergence of new forms of clinical lawyering. It recognises the importance of utilising clinical insights across the broader law program, and advocates for an emphasis on the natural strengths of clinic-based learning in terms of students developing effective frameworks for addressing ethical issues and developing strong links with the practising profession. The article also calls for close attention to be paid to developing effective practices in student supervision. Such endeavours can be advanced through developing the awareness of supervisors regarding the range of matters that can impact on their work with students, including a better understanding of the supervision practices used in other disciplines. The article also addresses the prospect of an increasing focus on graduate clinical programs designed to prepare law graduates for their entry to the legal profession.

Australian community legal centres move into the twenty-first century

Community legal centres (CLCs) have become a prominent part of the Australian legal aid system over the past 30 years. Governments, particularly at the commonwealth level, have enhanced the role of CLCs within the legal aid system. In 2001/ 2002, payments to CLCs accounted for 9.24% of total payments made by Legal Aid Commissions (LACs) compared to 1.6% in 1984. Nonetheless, CLCs have not been immune from many of the developments that have negatively impacted on the legal aid system. In line with broader legal aid policy, during the last decade the Federal government’s approach to CLCs has become more directive. Prior to 1994, most CLCs originated from a community development model. This was one of their qualifying features. But the concern of government for demonstrated community support prior to the establishment of centres is no longer strong. The Federal government now purchases Community Legal Services rather than funding Community Legal Centres. Each of the 11 new CLCs funded by the Federal government since 1998 has been established in regional (non-metropolitan) areas. A tender process has been used to select the service provider and the existence of a voluntary service is no longer a prerequisite. CLCs are developing in different ways across the country. Many continue to use a model focussed on local concerns, benefiting from close links to their community and to other local agencies. Those established during the life of the current Federal government are expected to operate on a regional basis and often have less input from volunteers than their metropolitan counterparts. There are also a small number of ‘super’ centres which have expanded to offer a range of services in different locations. This article reviews what has happened to Australian CLCs over the past decade. There is a particular emphasis on the changes which have occurred since the election of the current conservative Federal government in 1996. We outline the different forces impacting on CLCs. We examine the changing nature of relationships INTERNATIONAL JOURNAL OF THE LEGAL PROFESSION, VOL. 11, NO. 3, NOVEMBER 2004

Processual antecedents of perceived channel conflict in franchising

In this study, we develop and examine the network of relationships explaining perceived conflict in franchise relationships from a franchisee perspective. Our research contributes to the current knowledge of asymmetric exchange relationships through demonstrating the importance of a franchisees expectations confirmation, relational trust and relationship satisfaction in franchisee assessments of network conflict. The goal of this paper is to empirically examine (1) the relationship between franchisee perceptions of information quality (information dissemination and information search) and the confirmation of franchisee performance expectations, (2) franchisee characterizations of their relationships with their franchisors in terms of relational sentiments such as trust and relational satisfaction, communication and conflict management, (3) the relationship between franchisee satisfaction and perceived conflict, and (4) the moderating effect of franchisee experience on the relationship between franchisee satisfaction and franchisee perceptions of conflict. Empirical results, utilizing a sample of 345 franchisees in Australia, present strong evidence for the support of nine of the ten hypotheses drawn from the conceptual model. Specifically, data reveal that in an effort to cultivate a network of cooperative and satisfied franchisees, franchisors should adopt strategies that promote the timely dissemination of relevant and meaningful pre- and post-entry information, open communication exchange, transparent conflict management systems and personalized support in accommodating individual franchisee needs.

Teaching the ethics of criminal law and practice

(2001). Teaching the ethics of criminal law and practice. The Law Teacher: Vol. 35, No. 2, pp. 161-180.

The program risks of work-integrated learning: a study of Australian university lawyers

ABSTRACT Work-integrated learning (WIL) is a risky business in higher education. The strategic opportunities that WIL presents for universities cannot be achieved without taking on unavoidable legal risks. University lawyers are involved with managing the legal risks as part of their internal delivery of legal services to universities. It is important to identify the risks that potentially arise, so these can then be managed. A case study involving Australian university lawyers reveals the ‘program risks’ of WIL. Program risk is a type of legal risk that relates to the conduct of universities, host organisations and students before, during and after a WIL placement, as well as the personal characteristics of students that can expose the university to legal risk. The research findings may be applied by university lawyers, academic disciplines and university management to evaluate and improve risk management in WIL programs.

Teaching the Law as it Relates to Older People

Jeff Giddings teaches law at Griffith University. Jody Thomas is a law student at Griffith University. email: j.giddings@mailbox.gu.edu.au