What is the agreed time limitation for filing an arbitration demand after mediation with Aunt Millies Bakeries?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer from 2025 FDD Document
- §11.3 ARBITRATION: If the parties are unable to resolve the dispute through mediation, either party seeking relief shall file an arbitration demand within ten (10) days following the conclusion of the mediation process, which period shall constitute an agreed time limitation, and such demand shall be limited to the cause(s) of action within the scope of the mediation conducted in accordance of Section 11.2 above. Any dispute between the parties subject to this Article shall be decided by neutral, binding arbitration conducted in accordance with the Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The arbitration shall be conducted by one arbitrator and shall be held in the county where the principal place of business of DISTRIBUTOR is then located. The arbitrator shall apply the substantive law specified in Section 12.8 of this Agreement, except that with respect to arbitration matters, the provisions of the Federal Arbitration Act shall be controlling. Judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court having jurisdiction thereof.
Source: Item 23 — RECEIPT (FDD pages 44–196)
What This Means (2025 FDD)
According to Aunt Millies Bakeries's 2025 Franchise Disclosure Document, if mediation does not resolve a dispute, either party must file an arbitration demand within ten days following the conclusion of the mediation process. This ten-day period is considered an agreed time limitation for initiating arbitration.
This means that a franchisee who wishes to pursue arbitration against Aunt Millies Bakeries must act quickly after the mediation ends. Failing to file the arbitration demand within this short timeframe could result in the franchisee losing their right to arbitrate the dispute. This is a stricter timeline than many other franchise agreements.
The arbitration will be conducted by a single arbitrator in the county where the franchisee's principal place of business is located, following the rules of the Judicial Arbitration and Mediation Services, Inc. The arbitrator will apply the substantive law specified in the agreement, but the Federal Arbitration Act will govern arbitration matters. The arbitrator's judgment is final and binding and can be entered in any court with jurisdiction.
It is important for prospective Aunt Millies Bakeries franchisees to understand this time limitation and be prepared to act promptly if mediation is unsuccessful. Franchisees should consult with an attorney to ensure they comply with all requirements and deadlines for initiating arbitration.