Where will the mediation be held for Amerispec Inspection Services disputes?
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's 2025 Franchise Disclosure Document, 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. The rules of the American Arbitration Association (AAA) will govern the mediation, and a mediator will be selected by the parties involved. If the parties cannot agree on a mediator, the AAA will select one.
The mediation is intended to be held within thirty days after a written request for mediation is served to the other parties. The location for the mediation will be in the metropolitan area of Amerispec Inspection Services' then-current principal place of business, which is currently Memphis, Tennessee. Unless all parties agree otherwise, the mediation is limited to a single day. The costs associated with the mediation will be split equally among 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 successfully resolve the dispute, the matter must be settled through binding arbitration, meaning that any legal right to sue in court is waived in favor of arbitration. This clause emphasizes the intent to resolve ambiguities in favor of arbitration, except for disputes that federal statutes prevent from being arbitrated or subject to pre-dispute arbitration agreements. This process ensures a structured approach to conflict resolution, with mediation as a first step before moving to binding arbitration if necessary.