Who governs the rules of mediation for Amerispec Inspection Services?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
- 21.1.2 Mediation.
If the Covered Dispute is not resolved informally as provided in Paragraph 21.1.1 (Informal Negotiation), the party alleging the Covered Dispute must submit the Covered Dispute for non-binding mediation.
All parties must attend and participate in the mediation.
The mediation shall be governed by the rules of the American Arbitration Association (the "AAA") before one mediator selected by the parties, and if the parties cannot agree upon the mediator, then a mediator selected by the AAA.
It is the intent of the parties that mediation shall be held not later than thirty (30) days after a written request for mediation shall have been served on the other parties.
The mediation shall be held in the metropolitan area of Company'sthen-current principal place of business (currently, Memphis, Tennessee) and shall not last more than one day, unless the parties agree otherwise.
The parties will split equally the cost of any mediation.
Any party may be represented by counsel and may, with permission of the mediator, bring persons appropriate to the proceeding.
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to Amerispec Inspection Services' 2025 Franchise Disclosure Document, the rules of mediation are governed by the American Arbitration Association (AAA). If a dispute arises that cannot be resolved informally, it must be submitted for non-binding mediation. All parties are required to attend and participate in this mediation process.
The mediation will be conducted following the AAA's rules, using a mediator selected by both parties. If the parties cannot agree on a mediator, the AAA will appoint one. The FDD specifies that the mediation should occur within 30 days of a written request and should be held in the metropolitan area of Amerispec Inspection Services' principal place of business, which is currently Memphis, Tennessee. Unless otherwise agreed, the mediation is limited to one day.
The costs associated with the mediation will be split equally between the parties involved. Each party has the right to be represented by counsel and, with the mediator's permission, may bring relevant individuals to the proceeding. If the mediation does not resolve the dispute, the matter will then proceed to binding arbitration.