What is the definition of 'Respondent' 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.
All aspects of the ADR Process shall be treated as confidential, shall not be disclosed to others, and shall not be offered or admissible in any other proceeding or legal action whatsoever.
- 17.3.2 The Respondent must respond within thirty (30) days of receipt with a written explanation and response to the proposed resolution.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben & Jerry's 2025 Franchise Disclosure Document, the 'Respondent' in the Alternative Dispute Resolution (ADR) process is defined as the party with whom the Complainant is seeking to resolve a dispute. The ADR process begins when the Complainant sends a certified or registered letter to the Respondent, detailing the dispute, relevant terms of the agreement, and a proposed resolution.
In practical terms, if a Ben & Jerry's franchisee (the Complainant) has a disagreement with Ben & Jerry's itself, or vice versa, the party receiving the initial dispute notification is considered the Respondent. The Respondent then has thirty days to respond in writing with an explanation and counter-resolution.
This definition is important because it clarifies the roles and responsibilities of each party involved in the ADR process. It sets the stage for how disputes are formally addressed, ensuring both parties understand their obligations from the outset. The process emphasizes an attempt to resolve issues amicably before resorting to more formal legal actions.