What is the deadline for concluding mediation after the request is issued with Burneys Sweets More?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
(i) Mediation. Before Franchisee (or any of its Owners, guarantors, or affiliates) and Franchisor (or its affiliates) may bring an Action against the other, the parties must first meet to mediate the Act (except as otherwise provided below). Any such mediation shall be non-binding. Mediation shall be (i) conducted by a mediator mutually agreeable to the parties who has franchise law experience, (ii) conducted in accordance with the American Arbitration Association rules for mediation of commercial disputes and (iii) held in the city of Franchisor's then-current principal place of business (currently Elizabethtown, NC). Nevertheless, the parties may mutually agree on a mediator, venue, and/or procedures for mediation. The mediation shall be commenced by the party requesting mediation ("complainant") providing written notice of the request for mediation ("request") to the party with whom mediation is sought ("respondent"). The request shall specify with reasonable particularity the matter or matters on which mediation is sought. A copy of the request shall be given by the complainant simultaneously to Franchisor if Franchisor is not a complainant or respondent. Mediation commenced under this Section 21 shall be concluded within sixty (60) days of the issuance of the request or such longer period as may be agreed upon by the parties in writing. All aspects of the mediation process shall be treated as confidential, shall not be disclosed to others, and shall not be offered or
admissible in any other proceeding or legal action whatever. Complainant and respondent shall each bear its own costs of mediation, and each shall bear one-half the cost of the mediator or mediation service.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, before a franchisee or Burneys Sweets More brings an action against the other, they must first attempt mediation. The mediation process is initiated when the party requesting mediation sends a written notice to the other party, specifying the matters to be mediated. A copy of this request must also be sent to Burneys Sweets More if they are not directly involved as a complainant or respondent.
The mediation must be concluded within sixty (60) days from the date the request for mediation is issued. However, this period can be extended if both parties agree to a longer timeframe in writing. The mediation should be conducted by a mutually agreed-upon mediator with franchise law experience, following the American Arbitration Association rules for commercial disputes, and held in Elizabethtown, NC, where Burneys Sweets More's principal place of business is located, unless the parties agree otherwise.
All aspects of the mediation process are to be treated as confidential and are inadmissible in any other legal proceedings. Each party is responsible for their own costs associated with the mediation, and they will equally share the cost of the mediator or mediation service. This means that a prospective Burneys Sweets More franchisee should be prepared to engage in mediation within this timeframe should a dispute arise and understand the associated costs and confidentiality requirements.