Is mediation required before arbitration for Beyond Juicery Eatery disputes?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| u. Dispute resolution by arbitration or mediation | Section 23 | Except for claims relating to the Trademarks, confidential information, trade secrets and covenants not to compete, and subject to state law, all disputes must be arbitrated in the county of our principal place of business. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 50–56)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, dispute resolution is addressed in Section 23 of the Franchise Agreement. The FDD states that, except for claims relating to trademarks, confidential information, trade secrets, and covenants not to compete, and subject to state law, all disputes must be arbitrated in the county of Beyond Juicery Eatery's principal place of business.
Notably, the disclosure does not explicitly state that mediation is required before arbitration. The wording focuses on arbitration as the primary method for resolving disputes, with specific exceptions carved out for certain types of claims. This suggests that Beyond Juicery Eatery intends to resolve most disputes through arbitration rather than mandating an initial mediation phase.
For a prospective franchisee, this means that if a dispute arises that is not related to trademarks, confidential information, trade secrets, or non-compete agreements, they will likely have to go through arbitration in the county where Beyond Juicery Eatery's principal place of business is located. Franchisees should be aware of the costs and time associated with arbitration, as well as the potential limitations on appealing an arbitration decision. It would be prudent for a potential franchisee to seek legal counsel to fully understand the implications of this dispute resolution process.
Given the absence of a mandatory mediation step, prospective franchisees might want to inquire with Beyond Juicery Eatery about whether mediation is ever an option, even if not required, as a potentially less costly and more collaborative way to resolve disagreements. Understanding the franchisor's willingness to engage in mediation could be a key factor in assessing the overall relationship and potential for conflict resolution.