For Deer Solution franchise disputes, where must non-binding mediation take place?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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 Morris County, New Jersey and, if mediation is unsuccessful, then to binding arbitration in Morris County, New Jersey. 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 Morris | ||
| County, New Jersey or, if appropriate, the United States | ||
| District Court nearest to our corporate headquarters at the | ||
| time such action is filed. This provision is subject to | ||
| applicable state law. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 40–45)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, except for claims seeking injunctive relief, all disputes must first undergo non-binding mediation. This mediation is required to take place in Morris County, New Jersey. If the mediation is unsuccessful, the dispute will then proceed to binding arbitration, also in Morris County, New Jersey. This requirement is subject to applicable state law.
Furthermore, all mediation, arbitration, and any subsequent litigation must occur in the state court of general jurisdiction within or closest to Morris County, New Jersey. If appropriate, the proceedings can take place in the United States District Court nearest to Deer Solution's corporate headquarters at the time the action is filed. Again, this provision is subject to applicable state law.
This means that as a Deer Solution franchisee, you may be required to travel to New Jersey to resolve disputes with the company. Franchise agreements often specify a particular location or method for dispute resolution, and it is not uncommon for the location to be near the franchisor's headquarters. Prospective franchisees should consider the potential costs and inconvenience associated with this requirement, especially if they are located far from New Jersey. It is important to consult with a legal professional to understand the implications of these dispute resolution provisions under applicable state laws.