Who submits the names of qualified mediators to the other party 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, in the event of a dispute that cannot be resolved through initial meetings between the franchisor and franchisee, the party initiating the dispute resolution process is responsible for submitting a list of potential mediators. Specifically, the party requesting resolution must provide the other party with the names of three qualified mediators.
The other party then has the right to select one of the mediators from the list to mediate the dispute. This process is designed to facilitate a fair and impartial mediation, as both parties have a say in choosing the mediator. The mediation is to take place in Hennepin County, Minnesota, unless otherwise agreed upon.
This approach is fairly standard in franchise agreements, as it aims to provide a structured and equitable method for resolving conflicts outside of court. By requiring the initiating party to propose mediators, it ensures that the other party has some control over the selection process, promoting a sense of fairness and potentially leading to a more amicable resolution. Both parties are responsible for splitting the costs of the mediation and covering their own legal fees.