Does All County require good faith participation in 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.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, if a dispute arises, both parties are required to participate in mediation in good faith. Prior to initiating arbitration, both All County and the franchisee must attempt to resolve disputes through mediation.
The mediation process begins with a written Notification of Dispute, which includes the party's version of the facts, the amount of damages, and the nature of any relief sought. The receiving party must respond within 20 days, or within 10 business days if the dispute involves a default notice. Following the notification and response, both parties must work in good faith to resolve the dispute.
The Principal Owners or Managing Owner of the franchise, along with representatives from All County authorized to settle the dispute, must attend mediation sessions. These sessions will take place in Florida at a mutually agreed location. Both parties can be represented by counsel during mediation. The goal is to resolve the dispute within 30 days of the initial notice. The costs of the mediator are split equally, while each party covers their own expenses. All mediation proceedings and negotiations are confidential and treated as compromise settlement negotiations. A written statement of positions must be delivered at least five days before the initial mediation session.
If a party fails to respond to the mediation notice within five days or does not participate in the mediation, the other party can proceed directly to arbitration. If mediation does not resolve the dispute within 30 days, either party is then free to pursue binding arbitration.