Which organization's mediation rules and procedures are used for mediation with Bft?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as provided in Section 12.E below, the Parties agree to submit any claim or dispute that they are unable to resolve informally, as described in Section 12.B 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 Developer 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 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, disputes that cannot be resolved informally will be submitted to mediation conducted by JAMS (Judicial Arbitration and Mediation Services). The mediation will follow JAMS' then-current mediation rules and procedures, which are detailed on their website.
The mediation will take place at Bft's principal place of business, which is currently in Irvine, California, unless both parties agree to use a videoconferencing platform. Each party is responsible for their own costs related to participating in the mediation. The fees and costs charged by JAMS and the mediator will be shared equally between Bft and the developer.
Mediation is limited to one day, and certain disputes are excluded from this mediation requirement, as outlined in Section 12.E of the franchise agreement. This section allows either party to seek injunctive or equitable relief in court to protect its trademarks or proprietary information. Franchisees should familiarize themselves with JAMS' mediation rules and procedures to understand the process and their rights during mediation.