How long must the mediation last for disputes related to the Canopy Lawn Care franchise?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- 20.1 Except as otherwise provided in this Section 20, any controversy or dispute arising out of, or relating to the franchise or this Agreement including, but not limited to, any claim by Franchisee or any person in privity with or claiming through, on behalf of or in the right of Franchisee, concerning the entry into, performance under, or termination of, this Agreement or any other agreement entered into by Franchisor, or its subsidiaries or Affiliates, and Franchisee, any claim against a past or present employee, officer, director, member, shareholder or agent of Franchisor; any claim of breach of this Agreement; and any claims arising under State or Federal laws ("Dispute"), shall be submitted to nonbinding mediation before an arbitration proceeding may be filed. "Person in privity" with or claiming through, on behalf of or in the right of Franchisee includes but is not limited to, spouses and other family members, heirs, executors, representatives, successors and assigns. The mediation must be for a minimum of four hours before the American Arbitration Association in the city where our corporate headquarters is located (currently Richmond, Virginia). Mediation is a compromise negotiation for the purposes of the federal and state rules of evidence, and the entire process is confidential. Before any mediation, all parties will sign a confidentiality agreement reasonably satisfactory to us excepting only public disclosures and filings as are required by law. All parties must attend mediation. We will pay the costs of the first four hours of any mediation, and no mediation is required to extend beyond such four-hour period.
Source: Item 22 — CONTRACTS (FDD page 55)
What This Means (2025 FDD)
According to Canopy Lawn Care's 2025 Franchise Disclosure Document, any dispute arising out of or relating to the franchise agreement must be submitted to nonbinding mediation before an arbitration proceeding can be filed. This mediation must last for a minimum of four hours.
The mediation will take place before the American Arbitration Association in Richmond, Virginia, where Canopy Lawn Care's corporate headquarters is located. All parties involved, including Canopy Lawn Care, the franchisee, and any individuals in privity with the franchisee, are required to attend the mediation. Before the mediation begins, all parties must sign a confidentiality agreement.
Canopy Lawn Care will cover the costs of the first four hours of the mediation. The document specifies that no mediation is required to extend beyond this four-hour period. This suggests that while parties can agree to continue mediation beyond four hours, it is not mandatory. If mediation does not resolve the dispute, the matter may proceed to final and binding arbitration.