What is the obligation of the parties during the All County mediation proceedings?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties must select a mediator jointly.
- 25.12.1.3.
All mediation sessions will occur in Florida at a mutually agreed location and must be attended by your Principal Owners or Managing Owner (and any other persons with authority to settle the dispute on your behalf) and our representatives(s) who is/are authorized to settle the dispute.
The parties may be represented by counsel at the mediation.
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, both parties have specific obligations during mediation. Initially, the parties must jointly select a mediator. The Principal Owners or Managing Owner of the franchise, along with anyone authorized to settle the dispute on the franchisee's behalf, and All County's authorized representatives must attend all mediation sessions, which will occur in Florida at a mutually agreed location. Both parties may be represented by counsel during the mediation.
Both parties must participate in the mediation proceedings in good faith, intending to resolve the dispute within thirty days of the initial notice. If the dispute remains unresolved after this period, either party is free to pursue arbitration. Failure to respond to the mediation notice within five days or failure to participate in the mediation nullifies the mediation requirement, allowing the other party to proceed directly to arbitration.
The costs of the mediator are to be split equally between All County and the franchisee, while each party is responsible for covering their own fees and expenses related to the mediation. The entire mediation process, including all negotiations and results, is to be treated as a confidential compromise settlement negotiation. At least five days before the first mediation session, each party must provide a written statement outlining their positions.