What is the first step a party must take to commence mediation with All County?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
- 25.12.1.1. The party seeking mediation must commence mediation by sending the other party, in accordance with Article 26, a written notice of its request for mediation headed "Notification of Dispute". The Notification of Dispute will specify, to the fullest extent possible, the party's version of the facts surrounding the dispute, the amount of damages and the nature of any injunctive or other relief such party claims. The party (or parties as the case may be) receiving a Notification of Dispute will respond within
twenty (20) days after receipt thereof, in accordance with Article 26, stating its version of the facts, and, if applicable, its position as to damages sought by the party initiating the dispute procedure; provided, however, that if the dispute has been the subject of a default notice given under Article 22 of this Agreement, the other party will respond within ten (10) business days.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the initial step to begin mediation involves sending a written notice. The party initiating the mediation must send the other party a "Notification of Dispute," adhering to the stipulations outlined in Article 26 of the agreement. This notification must be clearly headed as such.
The "Notification of Dispute" must comprehensively detail the initiating party's perspective on the facts surrounding the dispute. It should specify the amount of damages claimed and the nature of any injunctive or other relief sought. This requirement ensures that both parties have a clear understanding of the issues at hand from the outset of the mediation process.
Upon receiving the "Notification of Dispute," the receiving party is obligated to respond within twenty (20) days, also in accordance with Article 26. This response should outline their version of the facts and their position regarding any damages sought by the initiating party. However, if the dispute arises from a default notice under Article 22 of the agreement, the response timeframe is shortened to ten (10) business days. This initial exchange of information sets the stage for further good-faith efforts to resolve the dispute.