Who bears the costs of mediation in the Ben Jerrys ADR process?

According to Ben Jerrys's 2025 Franchise Disclosure Document, both the Complainant (the party initiating the dispute resolution) and the Respondent (the other party) share the costs of mediation. Each party is responsible for their own individual costs incurred during the mediation process. In addition to covering their own costs, the Complainant and the Respondent are each responsible for paying one-half of the mediator's fees, which may also include any mediation service fees.

This arrangement means that a Ben Jerrys franchisee involved in a dispute will need to budget for both their internal expenses, such as legal counsel or preparation time, and an equal share of the mediator's charges. This cost-sharing approach is a common practice in franchise mediation, as it encourages both parties to participate actively and seek a resolution in a cost-effective manner.

However, it's important for a prospective Ben Jerrys franchisee to understand these potential costs upfront, as mediation can still involve significant expenses, even when split. Franchisees should factor in these potential ADR costs when assessing the overall financial implications of the franchise agreement. Understanding the cost-sharing arrangement can help franchisees better prepare for and manage potential disputes that may arise during the franchise term.