What is the title of the written notice required to commence mediation with All County?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
- 25.12.1. Mediation. Except as provided in Article 25.12.3., prior to filing any demand for arbitration, the parties agree to mediate any dispute, controversy or claim between the parties and any of our or your affiliates, officers, directors, shareholders, members, guarantors, employees or owners arising under, out of, in connection with or in relation to this Agreement, any lease or sublease for your Business, any loan or other finance arrangement between us or our affiliates and you, the parties' relationship, your Business, or any Methods of Operation, Operating System or Operating Standard, in accordance with the following procedures:
- 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, a party seeking mediation must start the process by sending a written notice titled "Notification of Dispute" to the other party. This notice must be sent according to the guidelines in Article 26 of the agreement. The notice should detail the party's version of the facts related to the dispute, the amount of damages claimed, and the nature of any injunctive or other relief sought.
The party receiving this notification has a specific timeframe to respond. Generally, they must respond within twenty (20) days, outlining their version of the facts and their position on the damages claimed by the initiating party. However, if the dispute arises from a default notice under Article 22 of the agreement, the response time is shortened to ten (10) business days.
Following the exchange of the Notification of Dispute and the response, both parties are expected to make a good-faith effort to resolve the dispute. If they cannot resolve the issues within twenty (20) days of receiving the response, either party has the option to initiate a formal mediation procedure through the American Arbitration Association (AAA), following its Commercial Mediation Procedures. Unless both parties agree otherwise, the mediation will take place in the city where All County's corporate headquarters are located.