What is the definition of 'Complainant' in the context of the Ben Jerrys ADR process?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.3.1 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 this Agreement (if any) that are involved, and a proposed resolution of the dispute.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the 'Complainant' is defined as the party initiating the Alternative Dispute Resolution (ADR) process to resolve a dispute. Specifically, the ADR process is started by the party wishing to resolve a dispute. This party is referred to as the Complainant.
To initiate the ADR process, the Complainant must send a certified or registered letter to the other party, known as the Respondent. This letter should detail the specifics of the dispute, reference any relevant terms of the agreement, and propose a resolution.
This definition is important for prospective Ben Jerrys franchisees because it clarifies who is responsible for initiating the dispute resolution process. If a franchisee has a dispute with Ben Jerrys and wishes to pursue ADR, they would be considered the Complainant and would need to take the first step by sending the required notification letter to Ben Jerrys.