Must all parties attend and participate in the mediation process 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 the 2025 Amerispec Inspection Services Franchise Disclosure Document, if a covered dispute is not resolved through informal negotiation, the party alleging the dispute must submit it for non-binding mediation. Crucially, all parties involved are required to attend and participate in this mediation process.
The mediation itself is governed by the rules of the American Arbitration Association (AAA) and will be conducted before a mediator selected by the parties. If the parties cannot agree on a mediator, the AAA will appoint one. The intent is for the mediation to occur within thirty days after a written request for mediation is served to the other parties.
The mediation will be held in the metropolitan area of Amerispec Inspection Services' principal place of business, which is currently Memphis, Tennessee, and is scheduled to last no more than one day unless all parties agree to extend it. The costs associated with the mediation will be split equally among the parties. Each party has the right to be represented by counsel and, with the mediator's permission, may bring other relevant individuals to the proceeding. If mediation does not resolve the dispute, the matter proceeds to binding arbitration.