What happens if All Team and the franchisee cannot agree on a mediator?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
ATFC and FRANCHISEE will select the mediator. If the parties cannot agree on the selection of a mediator, the mediation shall be conducted through the AAA who will make the selection of mediator using their rules and guidelines.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, if All Team and the franchisee cannot agree on a mediator, the selection of the mediator will be handled by the American Arbitration Association (AAA). The AAA will use its rules and guidelines to choose the mediator.
This means that a neutral third party will step in to ensure the mediation process can proceed even if the two parties have conflicting preferences. This is a fairly standard practice in franchise agreements, as it prevents one party from blocking mediation by simply refusing to agree on a mediator. The mediation itself is to take place in Tampa, Florida, unless both parties agree to an alternative location.
The cost of the mediation, including the mediator's fees and expenses, will be paid by the franchisee. Franchisees should be aware of this financial responsibility when entering into the agreement. While the mediation is non-binding, meaning that neither party is forced to accept the outcome, failure to participate in mediation before starting any litigation or arbitration can result in dismissal of those proceedings.