Who is required to personally participate in the informal dispute resolution conference with Bft?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Within thirty (30) days after delivery of such claim or dispute, the Parties will use good faith efforts to discuss and resolve the claim or dispute informally for a reasonable period which shall be no more than sixty (60) days unless mutually extended by the Parties.
The Parties must personally participate in the informal dispute resolution conference.
The statute of limitations and any arbitration filing fee deadlines shall be tolled while the Parties engage in the internal dispute resolution process described in this Section.
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, both parties involved in a claim or dispute are required to personally participate in the informal dispute resolution conference. This means that both Bft and the franchisee (or developer) must be present and actively involved in the discussions aimed at resolving the issue.
This requirement ensures that both sides have a direct opportunity to present their case, understand the other party's perspective, and work towards a mutually agreeable solution. By mandating personal participation, Bft aims to foster open communication and potentially resolve disputes more efficiently and amicably than through formal legal proceedings.
The FDD also specifies that these good faith efforts to resolve the dispute informally should occur for a reasonable period, not exceeding 60 days, unless both parties agree to extend this timeframe. During this informal dispute resolution process, the statute of limitations and any arbitration filing fee deadlines are suspended, providing additional time and flexibility for reaching a resolution.
If the parties cannot resolve the dispute informally, the FDD outlines further steps, such as mediation and potentially mandatory binding arbitration, highlighting the importance of attempting to resolve issues through direct engagement before resorting to more formal and costly methods.