How soon 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. Prior to initiating any legal proceedings related to the franchise agreement, both parties are required to submit to mediation, unless exceptions apply.
The FDD states that the mediation should occur no later than 14 days after a written request for mediation has been served to the other party. The mediation will involve both parties and will be conducted by a mediator selected jointly by the parties. If an agreement on a mediator cannot be reached, the American Arbitration Association (AAA) will select the mediator.
The mediation is limited to a single day and will take place in the metropolitan area where Body20's principal place of business is located. The rules of the AAA will govern the mediation process. However, the obligation to mediate does not apply to claims relating to Body20's trademarks, non-payment or underpayment of monies, non-competition covenants, or requests for temporary restraining orders or preliminary injunctions.