factual

How must the Complainant initiate negotiation proceedings in the Ben Jerrys ADR Process?

Ben_Jerrys Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 26.3.1 The ADR Process provided for hereunder shall be commenced by a party wishing to resolve a dispute (the "Complainant").

The Complainant shall initiate negotiation proceedings by sending a certified or registered letter to the party with whom dispute resolution is sought (the "Respondent") setting forth the particulars of the dispute, the term(s) of the Agreement (if any) that are involved, and a proposed resolution of the dispute.

Source: Item 22 — CONTRACTS (FDD pages 133–134)

What This Means (2025 FDD)

According to Ben Jerrys's 2025 Franchise Disclosure Document, the ADR Process is initiated by the party wishing to resolve a dispute, known as the Complainant. The Complainant must start negotiation proceedings by sending a certified or registered letter to the other party, called the Respondent. This letter should detail the specifics of the dispute, reference any relevant terms of the Ben Jerrys agreement, and propose a resolution.

This initial step is crucial as it sets the stage for potential resolution. The requirement for a certified or registered letter ensures proof of delivery and receipt, which can be important for legal and procedural purposes. By clearly outlining the dispute and proposing a resolution, the Complainant frames the discussion and provides the Respondent with a clear understanding of the issues at hand.

Following this initial notification, the Respondent has thirty days to respond in writing with an explanation and counter-proposal. If correspondence does not resolve the issue, both parties must meet at a location determined by Ben & Jerrys within sixty days of the initial letter to attempt resolution. This structured approach, starting with written communication and progressing to in-person meetings, is designed to facilitate a fair and efficient resolution process before further action is taken.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.