In the event of a dispute with Amorino, what mediation rules apply?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of any dispute arising out of or in connection with this Agreement or the relationship of the parties hereto, including without limitation any claim related to termination or expiration of this Agreement and any claim for damages and/or compensation related thereto, the parties agree to submit the matter to mediation under the American Arbitration Association Commercial Mediation Rules. The mediation shall be conducted by one (1) mediator and shall take place not more than forty-five (45) days following the filing of a request for mediation in New York County, New York. The parties or their principals must personally attend and participate for a minimum of three (3) hours. This obligation to mediate shall not apply to non-curable defaults by you.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, if a dispute arises relating to the franchise agreement, including claims related to termination, expiration, damages, or compensation, both parties agree to participate in mediation. This mediation will follow the American Arbitration Association (AAA) Commercial Mediation Rules.
The mediation must occur within 45 days of filing a request for mediation in New York County, New York. Both parties or their principals are required to attend and participate personally for a minimum of three hours.
However, the obligation to mediate does not apply to defaults by the franchisee that cannot be corrected. If mediation is unsuccessful, the dispute may proceed to arbitration, governed by the Federal Arbitration Act and the Commercial Arbitration Rules of the AAA. The arbitration will also be held at the AAA office in New York County, New York.