Can the mediation for Bft disputes be conducted via a videoconferencing platform?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
16.3 Mediation. Except as provided in Section 16.5 below, the Parties agree to submit any claim or dispute that they are unable to resolve informally, as described in Section 16.2 above, to mediation to be conducted by JAMS using its then-current mediation rules and procedures (see www.jamsadr.com/mediation) and to take place at Franchisor's or, as applicable, Franchisor's successor's or assign's, then-current principal place of business (currently, Irvine, California), or via a videoconferencing platform, if both Parties agree.
Each Party will bear its own costs in participating in the
mediation, and Franchisor and Franchisee will share JAMS' and the mediator's fees and costs equally. Neither Party will be required to mediate for more than one (1) day.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, mediation can occur via a videoconferencing platform if both parties agree. Otherwise, mediation will take place at Bft's principal place of business, which is currently in Irvine, California.
The FDD specifies that any claims or disputes that cannot be resolved informally must be submitted to mediation conducted by JAMS (Judicial Arbitration and Mediation Services). The mediation will follow JAMS' rules and procedures, which can be found on their website. Bft and the franchisee will equally share the fees and costs associated with JAMS and the mediator.
Each party is responsible for covering their own costs related to participating in the mediation. The FDD also states that neither party is obligated to participate in mediation for more than one day. This arrangement is fairly standard in franchising, as it aims to provide a cost-effective and time-efficient method for resolving disputes before resorting to more expensive and time-consuming arbitration or litigation.