Where must I try to mediate a claim against Best Brains?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- **I.
Mediation.** 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, before a franchisee can bring any claim against Best Brains in court, they must first attempt to mediate the claim for 60 days. This mediation must occur before a mutually agreed-upon mediator in the city or county where Best Brains' headquarters is located.
If Best Brains and the franchisee cannot agree on a mediator, the FDD states that they must use the mediation services of the American Arbitration Association (AAA). The fees charged by the AAA and the mediator will be split equally between the franchisee and Best Brains.
This mediation clause is a fairly standard practice in franchising, intended to encourage dispute resolution outside of the court system. It can potentially save both parties time and money by avoiding costly litigation. However, it's important to note that mediation is not binding, and if a resolution cannot be reached, the franchisee still retains the right to pursue legal action.