What is the process for a party to notify the other of its desire to seek mediation with Christies International Real Estate?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
**18.7.
Prior Notice of Claims**.
As a condition precedent to commencing an action for a Claim, you must notify us within thirty (30) days after the occurrence of the violation or breach, and failure to timely give such notice shall preclude any claim for damages.
- **18.8.
Mediation**.
Except as otherwise stated in this Section 18, the parties agree to submit any claim, controversy or dispute arising out of or relating to this Agreement (and attachments) or the relationship created by this Agreement to non-binding mediation before bringing such claim, controversy or dispute to a court.
The mediation will be conducted either through an individual mediator or a mediator appointed by a mediation services organization, experienced in the mediation of disputes between franchisors and franchisees, agreed upon by the parties.
If the parties do not agree upon a mediator or mediation services organization within fifteen (15) days after either party has notified the other of its desire to seek mediation, the dispute will be mediated by the American Arbitration Association pursuant to its rules governing mediation, at our corporate headquarters in Illinois, or in such other city and state in which our corporate headquarters is then located, if we move such headquarters.
The costs and expenses of the mediation services organization, including compensation of the mediator, will be borne equally by the parties.
Each party will bear the costs of its own attorney's fees and travel, if any, for the mediation.
If the parties cannot resolve the claim, controversy or dispute within ninety (90) days after conducting the mediation, either party may submit such claim, controversy or dispute to court under this Section 18.
Either party may bring an action under the applicable provisions of this Section 18 without first submitting the dispute to mediation under this Section 18.8: (i) for monies owed, (ii) for injunctive relief, or (iii) involving the possession or disposition of, or other relief relating to, real property.
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
According to Christies International Real Estate's 2025 Franchise Disclosure Document, before commencing an action for a claim, a party must notify the other party within thirty days after the occurrence of the violation or breach. Failure to provide notice in a timely manner will preclude any claim for damages.
If a party desires to seek mediation, they must notify the other party of this desire. If the parties cannot agree upon a mediator or mediation services organization within fifteen days after a party has provided notice of their desire to seek mediation, the dispute will be mediated by the American Arbitration Association pursuant to its rules governing mediation. The mediation will occur at Christies International Real Estate's corporate headquarters in Illinois, or in the city and state where their corporate headquarters is located if they move.
The costs and expenses of the mediation services organization, including compensation of the mediator, will be split equally between the parties. Each party will bear the costs of its own attorney's fees and travel, if any, for the mediation. If the parties cannot resolve the claim, controversy, or dispute within ninety days after conducting the mediation, either party may submit such claim, controversy, or dispute to court. However, a party does not need to submit to mediation (i) for monies owed, (ii) for injunctive relief, or (iii) involving the possession or disposition of, or other relief relating to, real property.