If mediation is unsuccessful for a Deer Solution franchise dispute, where will binding arbitration be conducted?
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 and, if mediation is unsuccessful, then County, New Jersey 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, if disputes cannot be resolved through non-binding mediation, binding arbitration will occur in Morris County, New Jersey. Specifically, Item 17 outlines that all disputes, except for certain claims for injunctive relief, must first undergo non-binding mediation in Morris County, New Jersey. If mediation fails, the dispute proceeds to binding arbitration, also in Morris County, New Jersey. This process is subject to applicable state law.
Furthermore, the FDD specifies the choice of forum for dispute resolution. All mediation, arbitration, and litigation proceedings must be conducted in the state court of general jurisdiction within or closest to Morris County, New Jersey. Alternatively, if appropriate, the proceedings can occur in the United States District Court nearest to Deer Solution's corporate headquarters at the time the action is filed. This provision is also subject to applicable state law.
For a prospective Deer Solution franchisee, this means that any legal disputes with the franchisor will likely need to be addressed in New Jersey, regardless of where the franchise is located. This could involve significant travel and legal expenses if the franchisee is not located near Morris County, New Jersey. It is important to consider this when evaluating the franchise opportunity, as it could add a layer of complexity and cost to resolving any potential conflicts with Deer Solution.