How is the mediator selected for a Carbones Pizzeria franchise dispute?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. If the dispute is not resolved through the foregoing meeting, the parties agree to submit their dispute to mediation in Hennepin County, Minnesota, with a mutually agreed upon mediator.
The party requesting resolution of an issue will submit the names of three qualified mediators to the other party who shall have the right to select one mediator to mediate.
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, if a dispute arises that cannot be resolved through an initial meeting between the President of Carbones Pizzeria and the franchisee (or the franchisee's President if the franchisee is a business entity), the parties must submit to mediation in Hennepin County, Minnesota.
The process for selecting a mediator involves the party requesting resolution submitting the names of three qualified mediators to the other party. The other party then has the right to select one of the mediators from the list to mediate the dispute.
This process ensures that both parties have a say in who will mediate the dispute, which is a common practice in franchising to promote fairness and impartiality. The selected mediator's procedures will govern the mediation, and both parties are expected to expedite the resolution. Each party is responsible for paying one-half of the mediation costs and their own attorney fees.