What is the required first step in resolving disputes with Deck Medic, before arbitration?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
| q. | Non-competition covenants during the term of the franchise | 6 | No involvement in any competitive business and must comply with confidentiality, non-disclosure and non solicitation covenants. |
|---|---|---|---|
| r. | Non-competition covenants after the franchise is terminated or expires | 6, 17 | No involvement, ownership or interest whatsoever for 24 months in any competing business in: your Operating Territory; a 25 mile radius of your Operating Territory; the Operating Territory of any other Deck Medic Business; and you must comply with confidentiality, non-disclosure and non-solicitation covenants. |
| s. | Modification of the agreement | 18.L. | Requires writing signed by you and us, except for unilateral |
| changes that we may make to the Manuals or our unilateral | |||
| reduction of the scope of a restrictive covenant that we may | |||
| make in our discretion. | |||
| t. | Integration/merger clauses | 18.M. | Only the terms of the Franchise Agreement and schedules to |
| the Franchise Agreement and the respective signed exhibits | |||
| to the Franchise Agreement are binding, subject to state law. | |||
| Nothing in any agreement is intended to disclaim the | |||
| express representations made in the Franchise Disclosure | |||
| Document, its exhibits and amendments. | |||
| u. | Dispute resolution by arbitration or mediation | 18.G. | Except for certain claims for injunctive relief, all disputes must first be submitted to non-binding mediation in Will County, Illinois and, if mediation is unsuccessful, then to binding arbitration in Will County, Illinois. This provision is subject to applicable state law. |
| v. | Choice of forum | 18.G. | All mediation, arbitration and, if applicable, litigation |
| proceedings must be conducted in, or closest to, State court | |||
| of general jurisdiction that is within or closest to Will | |||
| County, | |||
| Illinois |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 34–39)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, the initial step in resolving disputes, before proceeding to arbitration, is non-binding mediation. Specifically, all disputes, with the exception of certain claims for injunctive relief, must first be submitted for non-binding mediation. This mediation is required to take place in Will County, Illinois.
If the mediation is not successful in resolving the dispute, the next step is binding arbitration, which also must occur in Will County, Illinois. It is important to note that these dispute resolution provisions are subject to applicable state law, which may introduce variations or exceptions depending on the franchisee's location.
This requirement for mediation before arbitration is a fairly common practice in franchising, as it offers an opportunity for both parties to attempt to resolve their issues amicably and potentially avoid the more costly and time-consuming process of arbitration. Prospective Deck Medic franchisees should be aware of this process and consider the implications of having to mediate and potentially arbitrate disputes in Illinois, regardless of where their franchise is located.