How does a party initiate the ADR Process for a dispute with Ben Jerrys?
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.
17.3.3 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.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the alternative dispute resolution (ADR) process is initiated by the party wishing to resolve a dispute, referred to as the "Complainant." The Complainant starts the process by sending a certified or registered letter to the other party, known as the "Respondent." This letter must detail the specifics of the dispute, reference any relevant terms of the agreement, and propose a resolution.
Upon receiving the Complainant's letter, the Respondent has thirty days to provide a written explanation and response to the proposed resolution. If the dispute remains unresolved after this correspondence, both parties are required to meet at a location determined by Ben & Jerry's within sixty days of the initial letter's receipt. This meeting aims to facilitate further attempts to resolve the dispute.
If the Complainant and Respondent cannot resolve the dispute within sixty days of the initial letter (or any agreed-upon extension), the dispute will then be submitted to non-binding mediation. This mediation will be conducted by a mutually agreed-upon mediator or, failing agreement, a mediator appointed through JAMS, Inc. The goal of this structured process is to provide an opportunity for amicable, expeditious, and cost-effective dispute resolution before resorting to legal action.