How does a party commence mediation 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 by the party requesting mediation, referred to as the "complainant," by providing written notice of the request for mediation to the other party, known as the "respondent." This written notice must specify the matters for which mediation is sought with reasonable detail. If the complainant is not Burneys Sweets More, a copy of the request must be simultaneously provided to Burneys Sweets More.
The mediation itself must be conducted by a mutually agreed-upon mediator with franchise law experience, following the American Arbitration Association rules for mediation of commercial disputes. The mediation will take place in Elizabethtown, NC, which is Burneys Sweets More's principal place of business, unless both parties agree to a different location. The mediation process should conclude within 60 days of the initial request, unless an extension is agreed upon in writing by both parties.
All aspects of the mediation are to be treated as confidential and cannot be disclosed or used in any other legal proceedings. Each party is responsible for their own costs associated with the mediation, and they will equally share the costs of the mediator or mediation service. This structured process ensures that both Burneys Sweets More and its franchisees have a clear path to attempt to resolve disputes through mediation before resorting to legal action.