What is the deadline for filing an arbitration demand after the conclusion of 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 seeking relief must file an arbitration demand within ten (10) days following the conclusion of the mediation process. This ten-day period is considered an agreed time limitation for filing the arbitration demand. The demand must be limited to the causes of action within the scope of the mediation.
Any dispute between Aunt Millies Bakeries and the distributor will be decided by neutral, binding arbitration conducted in accordance with the Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The arbitration will be conducted by one arbitrator and will be held in the county where the principal place of business of the distributor is located. The arbitrator will apply the substantive law specified in Section 12.8 of the agreement, except that with respect to arbitration matters, the provisions of the Federal Arbitration Act will be controlling.
This means that a franchisee must act quickly if mediation fails and they wish to pursue arbitration. Missing the 10-day deadline could mean losing the right to arbitrate the dispute. Franchisees should be aware of this timeline and consult with an attorney to ensure they meet all requirements for filing an arbitration demand. The arbitration award is final and binding and may be entered in any court having jurisdiction.