If Best Brains and I cannot agree on a mediator, what mediation services must we use?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
Before you may bring any Claim against us in court, you agree to try for a period of 60 days to mediate such claim before a mutually agreed to mediator in the city or county where our headquarters are located.
If we can not mutually agree on a mediator, you and we agree to use the mediation services of the American Arbitration Association ("AAA), and split any AAA and mediator fees equally.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, if you have a claim against Best Brains that you wish to mediate, you must first attempt to find a mutually agreed-upon mediator in the city or county where Best Brains' headquarters are located. However, if you and Best Brains cannot agree on a mediator, you are required to use the mediation services of the American Arbitration Association (AAA).
This means that as a prospective Best Brains franchisee, you are obligated to attempt mediation through the AAA before pursuing any legal action against the company if you and Best Brains are unable to agree on a mediator independently. This is a mandatory step in the dispute resolution process outlined in the franchise agreement.
Furthermore, the FDD states that any AAA and mediator fees will be split equally between you and Best Brains. This cost-sharing arrangement is a standard practice in mediation, ensuring that both parties have a financial stake in the mediation process and are incentivized to reach a resolution.