Who chooses the location for mediation of a Crepe De Licious dispute?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
Before any party may bring an action in arbitration or in court against the other, the parties must first meet to mediate the dispute (except as otherwise provided below). Any such mediation shall be non-binding and shall be conducted by the American Arbitration Association in accordance with its then-current rules for mediation of commercial disputes. All mediation proceedings will be conducted at a suitable location chosen by the mediator, which is within a five (5) mile radius of Franchisor's then current principal place of business, unless we agree otherwise in writing. Notwithstanding anything to the contrary, this Section 16.2 shall not bar either party from obtaining injunctive relief against threatened conduct that will cause it loss or damages, under the usual equity rules, including the applicable rules for obtaining restraining orders and preliminary injunctions, without having to engage in mediation. Mediation hereunder shall be concluded within forty five (45) days of Area Developer's receipt of the notice specifying the designated mediator or such longer period as may be agreed upon by the parties in writing. All aspects of the mediation process shall be treated as confidential, shall not be disclosed to others, and shall not be offered or admissible in any other proceeding or legal action
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, if mediation is required before any legal action, the mediator chooses the location. The location must be within a five-mile radius of Crepe De Licious's principal place of business, unless Crepe De Licious agrees to another location in writing. The principal place of business for Crepe De Licious is in Concord, Ontario, Canada.
This means that a franchisee would likely need to travel to the Concord, Ontario area for mediation, or wherever Crepe De Licious agrees to in writing. Franchisees are responsible for their own mediation costs, and will bear one-half of the cost of the mediator or mediation service.
This mediation is non-binding, and is meant to occur before any arbitration or court action. This clause does not prevent either party from seeking injunctive relief for actions that may cause loss or damages.