If mediation is required for a dispute with Amorino, where must the mediation take place?
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 related to the franchise agreement or the relationship between the parties, including claims related to termination, expiration, or damages, the parties agree to submit to mediation under the American Arbitration Association Commercial Mediation Rules. The mediation must be conducted by one mediator in New York County, New York.
The FDD specifies that the mediation must take place no more than 45 days after a request for mediation is filed. Furthermore, the parties or their principals are required to personally attend and participate in the mediation for a minimum of three hours.
However, this obligation to mediate does not apply to defaults by the franchisee that are not curable. This means that if the franchisee commits a breach of the agreement that cannot be remedied, Amorino is not obligated to participate in mediation before pursuing other legal remedies.