Where will all Mediation hearings for City Publications take place?
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 the 2025 City Publications Franchise Disclosure Document, all mediation hearings will take place exclusively in Cobb County, Georgia. These hearings are scheduled to occur within twenty days after a mediator is appointed. The mediator's appointment follows the Rules and Regulations of the American Arbitration Association, unless both parties agree on a mediator in writing within ten days of receiving a mediation notice.
This means that if a City Publications franchisee has a dispute with the franchisor 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 cost and logistical burden for franchisees located far from Georgia.
The FDD specifies that mediation is non-binding, meaning that the parties are not obligated to accept the mediator's decision. Both City Publications and the franchisee are expected to engage in good faith to resolve the dispute during mediation. All information shared during the mediation process, including testimony, arguments, evidence, and documents, must be kept confidential and not disclosed to any third party.
This clause does not apply to claims arising from falsification of reports, abandonment, trademark infringement, and non-compete provisions. These types of claims are not subject to the mediation requirement, and City Publications may pursue other legal avenues to resolve these disputes.