Within what timeframe must a party respond to a mediation demand for Afuri Ramen Dumpling?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
liabilities and responsibilities under this Agreement will be joint and several obligations of each such person and entity.
- 9.8 Enforcement. From time to time there may be controversy about this Agreement, its interpretation, or performance or breach by the parties.
- 9.8.1 Mediation. If a dispute arises between the parties, before taking any other legal action,
the parties agree to participate in at least six hours of mediation in accordance with the mediation procedures of Arbitration Service of Portland, Inc. or of any similar organization that specializes in the mediation of commercial business disputes. The party demanding mediation must provide written notice to the other party of the demand for mediation. If the other party does not respond to the mediation demand within 30 days of written notice, or indicates a refusal to participate in mediation, then the party providing notice may proceed with other forms of dispute resolution. The parties agree to equally share the costs of mediation.
Source: Item 23 — Receipts (FDD pages 50–189)
What This Means (2024 FDD)
According to Afuri Ramen Dumpling's 2024 Franchise Disclosure Document, if a dispute arises between the parties, before taking any other legal action, the parties agree to participate in at least six hours of mediation. The party demanding mediation must provide written notice to the other party of the demand for mediation. The other party has 30 days from the written notice to respond to the mediation demand. If the other party does not respond within this timeframe, or indicates a refusal to participate in mediation, the party providing notice may proceed with other forms of dispute resolution.
This means that if a franchisee has a dispute with Afuri Ramen Dumpling and wishes to pursue mediation, they must first provide written notice to Afuri Ramen Dumpling. Afuri Ramen Dumpling then has 30 days to respond to the demand for mediation. If Afuri Ramen Dumpling fails to respond or refuses to participate, the franchisee is then free to pursue other legal avenues to resolve the dispute.
It is important to note that injunctive relief and claims of specific performance are not subject to the mediation terms of the agreement and may be brought in any court of competent jurisdiction. The parties agree to equally share the costs of mediation.