How is the non-binding mediator selected for the Ben Jerrys ADR process?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
y (30) days of receipt with a written explanation and response to the proposed resolution.
- 26.3.3 If the dispute is not resolved through correspondence, then the Complainant and Respondent shall meet at a place determined by BEN & JERRY'S on at least one (1) occasion within sixty (60) days of receipt of the initial letter in an attempt to resolve the dispute.
- 26.3.4 If the Complainant and Respondent are unable to resolve the dispute within sixty (60) days of receipt of the initial letter (or within such extended period of time as the Complainant and Respondent shall agree upon in writing), the parties will then submit the dispute to non-binding mediation.
- 26.3.5 Non-binding mediation hereunder shall be conducted by a mediator (the "Designated Mediator") mutually agreeable to BEN & JERRY'S and OPERATOR. 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 procedures 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.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the selection of a non-binding mediator involves a specific process. Initially, Ben Jerrys and the franchisee (referred to as OPERATOR) must mutually agree on a mediator, known as the Designated Mediator. They have a 120-day window from the receipt of the initial dispute letter to come to an agreement. This period can be extended if both parties agree in writing.
If Ben Jerrys and the franchisee cannot agree on a mediator within the 120-day period (or any agreed-upon extension), the franchisee has the option to seek the appointment of a mediator through JAMS, Inc., or a comparable mediation service if JAMS, Inc. is no longer operational. In this case, the procedures for selecting the mediator will follow those of JAMS, Inc. (or the comparable service) that are in effect at that time.
Ben Jerrys retains the option to ensure that a Designated Mediator does not serve as a mediator in more than one mediation if there are multiple individual mediations involving similar issues occurring around the same time. The mediation process must conclude within 60 days of the date the Designated Mediator is agreed upon or selected, unless both parties agree to a longer period in writing. Each party bears their own costs, and they split the mediator's costs, including any service fees.