According to All County, what is the deadline for resolving the dispute through mediation?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties agree to participate in the mediation proceedings in good faith and with the intention of resolving the dispute if at all possible within thirty (30) days of the notice from the party seeking to initiate the mediation procedures.
If the dispute is not resolved within thirty (30) days, the parties are free to pursue arbitration.
In addition, if the party receiving notice of mediation has not responded within five (5) days of delivery of the notice or a party fails to participate in the mediation, this Article 25.12.1. will no longer be applicable and the other party can pursue arbitration.
The parties agree that the costs of the mediator will be split equally between the parties.
Each party must pay its own fees and expenses incurred in connection with the mediation.
The mediation proceeding and any negotiations and results thereof will be treated as a compromise settlement negotiation and the entire process is confidential.
At least five (5) days prior to the initial mediation session, each party must deliver a written statement of positions.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the parties involved in a dispute have a deadline to resolve it through mediation. Specifically, they are expected to participate in the mediation proceedings in good faith, with the intention of resolving the dispute within thirty (30) days of the notice from the party seeking to initiate the mediation procedures. If the dispute remains unresolved after this 30-day period, either party is then free to pursue arbitration as a means of resolution.
However, there are certain conditions that could shorten this mediation period. If the party receiving the notice of mediation fails to respond within five (5) days of delivery of the notice, or if a party fails to participate in the mediation process, the requirement to mediate is waived, and the other party can immediately proceed to arbitration. This clause encourages both parties to engage actively and promptly in the mediation process.
This mediation process is designed to be confidential, treating any negotiations and results as a compromise settlement negotiation. Before the initial mediation session, each party must deliver a written statement of their positions at least five (5) days in advance. The mediation sessions themselves will occur in Florida at a location agreed upon by both parties, with attendance required by the Principal Owners or Managing Owner and authorized representatives from All County. The costs of the mediator are to be split equally between the parties, with each party bearing its own additional fees and expenses related to the mediation.