Where will mediation be held for Brightstar Care franchise disputes?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in franchise or other agreement | Summary |
|---|---|---|
| with your ownership, management, operation, maintenance of, engagement in, consulting with, or having any interest in any Competing Business. | ||
| s. Modification of agreement | 9 and 20.3 10 of Standard Renewal Addendum 12 of Expansion Option Agreement | The Franchise Agreement (and Expansion Option Agreement) may not be modified except by a written agreement that you and we sign. We can modify or change the BrightStar Care Agency Program through changes in the Operations Manual and you are bound by the same. |
| t. Integration/ merger clause | 24 12 of Expansion Option Agreement | Only the terms of the Franchise Agreement and other related written agreements (including the Expansion Option Agreement) are binding (subject to state law). Any representations or promises outside of the Franchise Agreement or this Disclosure Document may not be enforceable. |
| u. Dispute resolution by arbitration or mediation | 15 14 of Expansion Option Agreement | Except for certain claims, all disputes must first be submitted to our senior executives for internal dispute resolution and, if not resolved, to a mediation hearing conducted according to the procedure stated in the Franchise Agreement. Mediation will be held at our offices. Disputes that cannot be resolved through mediationare resolved through arbitration. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 81–92)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, mediation hearings will be held at Brightstar Care's offices. The FDD specifies that, except for certain claims, all disputes must first be submitted to Brightstar Care's senior executives for internal dispute resolution. If the dispute is not resolved internally, it will proceed to a mediation hearing.
This means that if a Brightstar Care franchisee has a dispute with the company that cannot be resolved through initial internal processes, the franchisee will be required to attend a mediation hearing at Brightstar Care's headquarters. This could involve travel expenses and time away from their business, potentially creating a financial burden for the franchisee.
It is important for prospective franchisees to consider the implications of this clause, especially if they live far from Brightstar Care's headquarters. Franchisees should also be aware that disputes that cannot be resolved through mediation will be resolved through arbitration, as stated in the FDD.