Who must attend any Alloy mediation session?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
Before any party may bring an action in court or against the other, or commence an arbitration proceeding (except as noted below), the parties must first meet to mediate the dispute. Specifically, no litigation or arbitration action may be commenced until the earlier of thirty (30) days from written notice by one party to the other of a request to initiate mediation, or the mutual agreement by both parties that mediation has been unsuccessful if the notified party fails to respond to the requesting party within thirty (30) days of notification. The mediation will be held in the county where our headquarters are then located (currently, Roswell, Georgia). Any such mediation will be non-binding and conducted by the American Arbitration Association in accordance with its then-current rules for mediation of commercial disputes. Prior to the mediation, each party involved in the mediation must sign the standard confidentiality agreement designated by us or the
mediator. The mediator will be disqualified as a witness, expert or counsel for any party with respect to the dispute or any related matter. Mediation is a compromise negotiation and will constitute privileged communications under the law governing this Agreement. The entire mediation process will be confidential and the conduct, statements, promises, offers, views and opinions of the mediator and the parties will not be discoverable or admissible in any legal proceeding for any purposes; provided, however, that evidence which is otherwise discoverable or admissible will not be excluded from discovery or admission as a result of its use in the mediation. The parties will share equally all fees and expenses of the mediator.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, before a party can initiate a court action or arbitration against another, they must first attempt mediation. Both parties involved in the mediation are required to attend.
The mediation will take place in the county where Alloy's headquarters is located, which is currently Roswell, Georgia, unless both parties agree to another location. The mediation will be non-binding and managed by the American Arbitration Association, following its rules for commercial dispute mediation.
Prior to the mediation, all parties must sign a confidentiality agreement, as designated by Alloy or the mediator. The mediator is prohibited from serving as a witness, expert, or counsel for either party in relation to the dispute. The mediation process is confidential, and all communications during mediation are privileged and not admissible in legal proceedings. The fees and expenses of the mediator will be shared equally between the parties.