Are there any deadlines specified in this section of the Aunt Millies Bakeries FDD?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer from 2025 FDD Document
spute resolution provisions set forth below. Provided however, AUNT MILLIE's reserves the right to bring an action for injunctive relief in the event DISTRIBUTOR is in default of its obligation to pay AUNT MILLIE's or any of its Affiliates, and/or is in violation of Sections 6 or 10.
- §11.2 MEDIATION: In the event of any dispute, either party shall initiate a mediation procedure within five (5) days of the date on which facts respecting the dispute first come to such party's attention, by submitting a written request for mediation to the Judicial Arbitration & Mediation Services, Inc. ("JAMS) according to its procedures, or any other mediation service mutually agreed to by the parties according to such mediator's procedures. The mediation process shall begin promptly and shall be concluded within ten (10) business days of the day the request for mediation is made, unless the parties mutually otherwise agree. Any and all discussions, negotiations, findings or other statements by the mediator and/or the parties made in connection with the mediation shall be privileged and confidential and shall not be admissible into evidence in any litigation. All mediation proceedings shall take place in the county where the principal place of business of DISTRIBUTOR is located. The expenses of the mediation service shall be borne equally by both parties, and all other expenses relating to such mediation shall be borne by the party incurring them. The commencement of any dispute resolution procedure shall not act to prevent AUNT MILLIE'S from taking any action in connection with DISTRIBUTOR's business, which may be the subject of the dispute, including the operation of DISTRIBUTOR'S route, except that AUNT MILLIE'S agrees that it will not sell, nor require
DISTRIBUTOR to sell, the Distribution Rights, as called for by Section 9.4 above, until the dispute resolution process has been concluded or the time for either party to further proceed with dispute resolution has expired.
- §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.
- §11.4 BUSINESS JUDGMENT: The parties hereto recognize, and any mediator, arbitrator or judge is affirmatively advised, that this Agreement reserves to AUNT MILLIE'S the right to take (or refrain from taking) certain actions in the exercise of its business judgment based on its assessment of the overall best interests of the network and/or Distribution Program.
Source: Item 23 — RECEIPT (FDD pages 44–196)
What This Means (2025 FDD)
According to Aunt Millies Bakeries's 2025 Franchise Disclosure Document, there are specific deadlines related to dispute resolution and termination of the agreement.
In the event of a dispute, either party must initiate a mediation procedure within five days of becoming aware of the facts of the dispute. This is done by submitting a written request for mediation. The mediation process itself must be concluded within ten business days from the date the request for mediation is made, unless both parties agree to extend this period.
If mediation is unsuccessful, either party seeking relief must file an arbitration demand within ten days following the conclusion of the mediation process. Additionally, if the distribution agreement is terminated, the distributor has 90 days from the termination date to sell the distribution rights to a qualified purchaser. If the distributor fails to do so within this timeframe, Aunt Millies Bakeries is authorized to sell the distribution rights on behalf of the distributor.