What specific negotiation and mediation procedures must fail before arbitration is required with Augusta Lawn Care?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
, view or opinion made in the mediation procedure is discoverable or admissible in evidence for any purpose, not even impeachment, in any proceeding involving either of the parties. However, evidence that would otherwise be discoverable or admissible will not be excluded from discovery or made inadmissible simply because of its use in the mediation.
11.8 Arbitration
Except as provided in Section 11.9, and if not resolved by the negotiation and mediation procedures described in Section 11.7 above, any dispute, controversy, or claim between you and/or any of your Related Parties, on the one hand, and Augusta Lawn Care and/or any of Augusta Lawn Care's Related Parties, on the other hand, including, without limitation, any dispute, controversy, or claim arising under, out of in connection with or related to: (a) this Agreement; (b) the relationship of the parties; (c) the events leading up to the execution of this Agreement; (d) any loan or other finance arrangement between you and Augusta Lawn Care or its Related Parties; (e) the parties' relationship; (f) any System standard; (g) any claim based in tort or any theory of negligence; and/or (j) the scope or validity of the arbitration obligation under this Agreement, shall be determined in Whatcom County, Washington, by the American Arbitration Association ("AAA"). This arbitration clause will not deprive Augusta Lawn Care of any right it may otherwise have to seek provisional injunctive relief from a court of competent jurisdiction.
- 11.8.1 The arbitration will be administered by the AAA pursuant to its Commercial Arbitration Rules then in effect by one (1) arbitrator. The arbitrator shall be an attorney with substantial experience in franchise law.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, before arbitration is required, both negotiation and mediation procedures as described in Section 11.7 must fail. The FDD outlines a multi-step dispute resolution process. First, a party must deliver written notice of the claim to the other party within 180 days of the event that caused the issue. This notice should describe the nature of the dispute, the relief sought (including damages), and identify individuals with settlement authority. The receiving party then has seven days to designate their own authorized persons for settlement discussions.
These designated individuals are then required to meet in person or via phone within fifteen days of the Responding Party's notice to try and resolve the dispute. If the parties cannot come to a resolution within thirty days of the initial notice, either party can then demand mediation.
If mediation is elected, the parties must agree on a mediator within fifteen days. The mediation session must occur within thirty days of selecting the mediator, unless both parties agree to an extension. If these negotiation and mediation attempts do not resolve the dispute, then arbitration is required, except for specific instances outlined in Section 11.9, such as actions for injunctive relief or claims related to unpaid fees or use of proprietary marks, where Augusta Lawn Care may pursue other legal avenues.