Who controls the mediation proceeding for a Carbones Pizzeria franchise dispute?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
The procedure developed by the mediator shall control the mediation proceeding.
It is acknowledged that the parties intend to expedite the resolution of any such dispute through the mediation process.
Each party shall pay one-half of the costs of the mediation and their own attorney fees and costs.
Source: Item 23 — RECEIPTS (FDD pages 30–116)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, the procedure developed by the mediator will control the mediation proceeding. This means that the mediator has the authority to set the rules and guidelines for how the mediation will be conducted.
Both Carbones Pizzeria and the franchisee acknowledge their intent to expedite the resolution of any dispute through the mediation process. This highlights the importance of efficient and timely conflict resolution in the franchise relationship. Each party is responsible for covering their own legal fees and will split the costs associated with the mediator.
If mediation is unsuccessful, the dispute will be submitted to arbitration in Hennepin County, Minnesota, following the rules established by the American Arbitration Association. A panel of three arbitrators will be established, none of whom can be the previous mediator. Each party will choose one member of the panel, and those two arbitrators will then select the third.