What must the 'Initiating Party' do to begin mediation for an All Dogs Unleashed franchise dispute?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
8.1.2 Mediation will be conducted in Carrollton, Texas (or, if our corporate headquarters is no longer in Carrollton, Texas, the county where our corporate headquarters is then-located). Persons authorized to settle the dispute must attend each mediation session in person. The party seeking mediation (the "Initiating Party") must begin mediation by sending the other party/parties a written notice of its request for mediation (the "Mediation Notice"). The Mediation Notice must specify, to the fullest extent possible, the nature of the dispute, the Initiating Party's version of the facts surrounding the dispute, the amount of damages and the nature of any injunctive or other relief that party claims and must identify one or more persons with authority to settle the dispute for the Initiating Party. On receipt of the Mediation Notice, the parties will endeavor, in good faith, to resolve the dispute outlined in the Dispute Notice. If the parties have been unable to resolve the dispute within 20 days after the date the Mediation Notice is provided by the Initiating Party to the other party, either party may initiate a mediation procedure in accordance with this provision. The parties agree to participate in the mediation proceedings in good faith with the intention of resolving the dispute if at all possible within 30 days of the Mediation Notice.
The mediator must advise the parties in writing of the format for the meeting or meetings. If the mediator believes it will be useful after reviewing the position papers, the mediator must give both himself or herself and the authorized person each party designates an opportunity to hear an oral presentation of each party's views on the matter in dispute. The mediator must assist the authorized persons to negotiate a resolution of the matter in dispute, with or without the assistance of counsel or others. To this end, the mediator is authorized both to conduct joint meetings and to attend separate private caucuses with the parties. All mediation sessions will be strictly private. The mediator must keep confidential all information learned unless specifically authorized by the party from which the information was obtained to disclose the information to the other party.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, the party seeking mediation, termed the 'Initiating Party', must start the process by sending a written notice of their request for mediation, known as the 'Mediation Notice', to the other party or parties involved. This notice must comprehensively detail the nature of the dispute, including the Initiating Party's account of the facts, the amount of damages claimed, and the specific injunctive or other relief sought. Additionally, the Mediation Notice must identify individuals authorized to settle the dispute on behalf of the Initiating Party.
Upon receiving the Mediation Notice, both parties are expected to engage in good-faith efforts to resolve the dispute as outlined in the notice. If the parties cannot resolve the dispute within 20 days from the date the Mediation Notice was provided, either party has the option to initiate a formal mediation procedure as described in the franchise agreement. The parties are expected to participate in the mediation proceedings in good faith, aiming to resolve the dispute within 30 days of the Mediation Notice, if possible.
The mediation will be held in Carrollton, Texas, or, if All Dogs Unleashed's corporate headquarters is no longer located there, in the county where the headquarters is located at the time. It is mandatory for individuals authorized to settle the dispute to attend each mediation session in person. The mediator is responsible for advising the parties in writing about the format of the meetings. After reviewing position papers, the mediator may allow each party to present their views orally. The mediator is authorized to conduct joint meetings and private caucuses to assist in negotiating a resolution, maintaining strict confidentiality unless authorized to disclose information.