Who is responsible for selecting the Designated Mediator for the Ben Jerrys non-binding mediation?
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, both Ben Jerrys and the developer (franchisee) must mutually agree on the Designated Mediator for non-binding mediation. They have 120 days from the receipt of the initial letter to agree on a mediator. This period can be extended if both parties agree in writing.
If Ben Jerrys and the developer cannot agree on a mediator within the specified time, the complainant (the party initiating the dispute resolution) can request the appointment of a mediator through JAMS, Inc., or a comparable mediation service if JAMS, Inc. is no longer operational. In this case, the mediator selection procedure will follow the rules of JAMS, Inc. or the comparable service at that time.
Ben Jerrys retains the option to ensure that in cases involving multiple mediations with similar issues occurring simultaneously, a Designated Mediator does not serve as a mediator in more than one of those mediations. The mediation 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. The costs of mediation are shared, with each party bearing their own costs and splitting the mediator's fees equally.