What county in Georgia is specified for City Publications mediation hearings?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
Any controversy or claim, other than those arising from falsification of reports, abandonment, those regarding trademark infringement, and non-compete provisions, arising out of or relating to this contract, or the breach thereof, shall be subject to non-binding mediation. The Mediator will be appointed in accordance with the Rules and Regulations of the American Arbitration Association unless the parties agree on a Mediator in writing within ten (10) days after either party gives written notice of Mediation. If either party alleges a dispute or controversy against the other party for any reason, except for those specified above, then that party will have the right to demand non-binding Mediation within the (10) days after the complaining party provides the other party with written notice describing the dispute or controversy. All Mediation hearings will take place exclusively in Cobb County Georgia, and will be held within twenty (20) days after the Mediator has been appointed. The cost of the Mediator will be shared equally by the parties. The parties agree that they will act in good faith to settle any dispute or controversy between them either prior to or during Mediation. All matters, testimony, arguments, evidence, allegations, documents and memorandums will be confidential in all respects and will not be disclosed to any other person or entity by either party.
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, all mediation hearings will take place exclusively in Cobb County, Georgia. This means that if a dispute arises between a franchisee and City Publications that requires mediation, the franchisee will be required to travel to Cobb County, Georgia, regardless of where their franchise is located. This could present a significant inconvenience and expense for franchisees located far from Cobb County.
The FDD specifies that these mediation hearings will be held within twenty days after the mediator has been appointed. The cost of the mediator will be shared equally by both parties, the franchisee and City Publications. It is important to note that this mediation is non-binding, meaning that either party can choose not to accept the outcome of the mediation and pursue other legal options.
The document also states that certain disputes are excluded from the mediation requirement, including those arising from falsification of reports, abandonment, trademark infringement, and non-compete provisions. These types of disputes may be subject to different resolution processes, such as arbitration or litigation, as outlined in the franchise agreement. Prospective franchisees should carefully consider the implications of the mediation and arbitration provisions, including the location and cost considerations, before investing in a City Publications franchise.