How will the non-binding mediation be conducted under the Ben Jerrys agreement?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.3.5 Non-binding mediation hereunder shall be conducted by a mediator (the "Designated Mediator") mutually agreeable to BEN & JERRY'S and DEVELOPER.
The parties shall attempt to agree upon a mediator within one hundred and twenty (120) days of receipt of the initial letter or within sixty (60) days of any extended period as may be agreed upon by the parties in writing.
If the parties are unable to mutually agree upon a mediator within this time period the Complainant may seek the appointment of a mediator through JAMS, Inc. (and if JAMS, Inc. is no longer operational, a comparable mediator service) and the procedure for selecting the mediator shall be those of JAMS, Inc. (or, if applicable, of the comparable mediation service) in effect at the time.
The parties agree that in the event of the initiation of individual mediations involving the same or similar issues at or about the same time, BEN & JERRY'S shall have the option to determine that no Designated Mediator shall be a mediator in more than one of those mediations.
- 17.3.6 Non-binding mediation hereunder shall be concluded within sixty (60) days of the date the Designated Mediator is agreed upon in writing (or selected through JAMS, Inc. or the comparable mediation service) or such longer period as may be agreed upon by the parties in writing.
All aspects of the mediation 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. Complainant and Respondent shall each bear its own costs of mediation, and each shall bear one-half the cost of the mediator, including any mediation service fees.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, non-binding mediation will be conducted by a mutually agreed-upon mediator, referred to as the "Designated Mediator," between Ben Jerrys and the developer. Both parties have 120 days from the receipt of the initial dispute letter to agree on a mediator. This period can be extended if both parties agree in writing. If an agreement cannot be reached within this timeframe, the complainant can seek a mediator through JAMS, Inc., or a comparable mediation service if JAMS, Inc. is no longer operational. The selection procedure will follow the rules of JAMS, Inc. or the comparable service at that time. Ben Jerrys has the option to limit a Designated Mediator from mediating in more than one individual mediation if the issues are similar and occur around the same time.
The mediation must conclude within 60 days from when the Designated Mediator is agreed upon in writing or selected through JAMS, Inc., or another comparable mediation service, unless both parties agree to a longer period in writing. All aspects of the mediation process are to be treated as confidential, not disclosed to others, and inadmissible in any other proceeding or legal action. Each party will bear its own costs of mediation and split the cost of the mediator, including any mediation service fees.
This process aims to offer a way to resolve disputes amicably, quickly, and cost-effectively. It is important for prospective franchisees to understand these procedures, as mediation can be a crucial step in resolving conflicts without resorting to litigation. The confidentiality clause ensures that sensitive information shared during mediation remains protected. The cost-sharing arrangement for the mediator is a standard practice, promoting fairness in the process. Franchisees should be aware of the timelines involved to ensure timely resolution of disputes.