Can the Franchisee and Crave Cookies mutually agree on an alternative to Utah ADR Services for mediation?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
If the face-to-face meeting has not resolved the matter successfully, either Franchisee or Crave Cookies Franchising may submit the matter to non-binding mediation using Utah ADR Services or as otherwise mutually agreed.
Franchisee and Crave Cookies Franchising will split the costs, and each will bear their own expenses of any mediation.
The mediation will be conducted exclusively in the city and state of Crave Cookies Franchising's then-current headquarters.
If either party chooses to file a legal proceeding, as provided below, the mediator will be disqualified as a witness, consultant, expert, or counsel for either party for the matter in dispute and any related matters.
If Franchisee and Crave Cookies Franchising agree not to participate in mediation, then the matter may proceed to a legal suit as provided below.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, if a dispute arises between Crave Cookies and a franchisee that cannot be resolved through a face-to-face meeting, the matter may be submitted to non-binding mediation using Utah ADR Services. However, Crave Cookies and the franchisee can mutually agree to use an alternative mediation service.
Both the franchisee and Crave Cookies will equally share the costs associated with the mediation, but each party is responsible for covering their own expenses. The mediation proceedings must take place in the city and state where Crave Cookies' headquarters is located at that time.
It is important to note that if either party initiates legal proceedings, the mediator is disqualified from serving as a witness, consultant, expert, or counsel for either party in the dispute or any related matters. Furthermore, if both Crave Cookies and the franchisee agree to waive mediation, they can proceed directly to a legal suit.