How long after a written request for mediation must the mediation be held for a Body20 franchise dispute?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.2 Mandatory Pre-Litigation Mediation. Except as otherwise provided in this Section, prior to filing any proceeding to resolve any dispute based upon, arising out of, or in any way connected with this Agreement, a party must submit the dispute for mediation.
- (a) Conduct of Mediation. All parties must attend and participate in the mediation. It is the intent of the parties that mediation shall be held not later than 14 days after a written request for mediation shall have been served on the other parties. The mediation will be held before one mediator selected by the parties, and if the parties cannot agree upon the mediator, then a mediator selected by the American Arbitration Association ("AAA"). The mediation shall not last more than one day and shall be held in the metropolitan area of our thencurrent principal place of business. The mediation shall be governed by the rules of the AAA.
- (b) Post-Mediation. If we and you do not resolve our dispute, then thereafter any party may file for litigation or arbitration, as applicable in accordance with the terms of this Agreement.
- (c) Exceptions to Mediation. The obligation to mediate shall not be binding upon either party with respect to claims relating to the Marks, the non-payment or underpayment of any monies due under this Agreement, the noncompetition covenants, or requests by either party for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution of the actual dispute.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, mediation must be held within a specific timeframe after a written request is made. Specifically, the FDD states that mediation should occur no later than 14 days after a written request for mediation has been served to the other parties involved. This mandatory pre-litigation mediation is required before filing any proceeding to resolve disputes related to the Franchise Agreement. All parties are required to attend and participate in the mediation.
The mediation will be conducted before a single mediator, who is to be selected jointly by the parties involved. However, if the parties cannot agree on a mediator, the American Arbitration Association (AAA) will select one. The mediation itself is limited to a single day and will take place in the metropolitan area of Body20's principal place of business at the time. The rules of the AAA will govern the mediation process.
There are exceptions to this mediation requirement. Body20 or the franchisee are not obligated to mediate in claims relating to the Marks, non-payment or underpayment of monies due, non-competition covenants, or requests for temporary restraining orders or preliminary injunctions to obtain interim relief. In these specific cases, either party can immediately pursue litigation or arbitration. If mediation does not resolve the dispute, any party can then proceed with litigation or arbitration, as applicable, according to the terms of the Franchise Agreement.