Who selects the mediator for a Carbones Pizzeria 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 initial meetings between the franchisor and franchisee, the dispute will proceed to mediation in Hennepin County, Minnesota. The party initiating the dispute resolution process is responsible for submitting a list 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 choosing the mediator, although the final selection rests with the party that did not initiate the dispute. This can be beneficial as it may lead to a more impartial mediation process, as the selected mediator is chosen by the party who was not the first to suggest mediation.
The procedure developed by the mediator will govern the mediation proceedings, and both parties are expected to expedite the resolution of the dispute through mediation. Each party is responsible for paying one-half of the mediation costs, as well as their own attorney fees and costs. If mediation fails to resolve the dispute, the matter will then proceed to arbitration.