Which organization's rules and procedures govern the mediation process for Bft disputes?
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, any claims or disputes that cannot be resolved informally will be submitted to mediation conducted by JAMS (Judicial Arbitration and Mediation Services). The mediation process 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 in Irvine, California, or via videoconference if both parties agree.
Each party is responsible for their own costs associated with participating in the mediation. The fees and costs charged by JAMS and the mediator will be shared equally between Bft and the franchisee. Neither party is obligated to participate in mediation for more than one day.
This means that if a dispute arises between a Bft franchisee and the company, they are required to attempt to resolve it through mediation before moving on to arbitration. The JAMS rules provide a structured framework for this mediation, ensuring a neutral process. Franchisees should familiarize themselves with these rules to understand their rights and obligations during mediation. The location of the mediation in California (or via videoconference) and the cost-sharing arrangement are also important factors for franchisees to consider.