What is the deadline for reaching a settlement or resolution through internal mediation with Degree Wellness before submitting a dispute for arbitration?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Development Agreement | Summary | |
|---|---|---|---|
| s. | Modification of the agreement | Section 27 | Your Development Agreement may not be modified, except by a writing signed by both parties. |
| t. | Integration/merger clause | Section 27 | Only the terms of the Development Agreement and other related written agreements are binding (subject to applicable state law). Any representations or promises outside of the Disclosure Document and the Development Agreement may not be enforceable. Nothing in this Agreement or any related agreement is intended to disclaim the representations made in this Disclosure Document. |
| u. | Dispute resolution by arbitration or mediation | Sections 12 and 13, 15 | Except for certain claims, we and you must arbitrate all disputes in Duvall, Florida (subject to state law) before a single arbitrator with the American Arbitration Association. Except as we elect to enforce the Franchise Agreement or to seek temporary or permanent injunctive relief, before either party commences an arbitration, the parties agree that, as a condition precedent to the filing or commencement of any arbitration, they will attempt to resolve any dispute through internal mediation between the parties to be conducted in a mutually agreeable location, or if no such location is agreed upon within 10 days after a request for mediation, then at our corporate headquarters. In the event that no settlement or resolution between the parties can be reached through internal mediation within thirty (30) days following the date on which a written request for internal mediation is made by any party, such dispute may be submitted for arbitration. "Internal mediation" shall consist of, among other things, the parties having reasonable business discussions, whether by telephone or in person, concerning the dispute and means of resolving the dispute. |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 49–59)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, before either party can start an arbitration process, both parties must first attempt to resolve any dispute through internal mediation. This mediation should occur between the parties at a mutually agreed-upon location. If a location cannot be agreed upon within 10 days after a mediation request, the mediation will take place at Degree Wellness's corporate headquarters.
The deadline for reaching a settlement or resolution through internal mediation is thirty (30) days from the date a written request for internal mediation is made by either party. If no settlement or resolution is reached within this 30-day period, the dispute can then be submitted for arbitration.
Internal mediation, as defined in the FDD, involves the parties engaging in reasonable business discussions, whether by telephone or in person, to discuss the dispute and explore ways to resolve it. This initial mediation step is a prerequisite before moving forward with arbitration, except when Degree Wellness seeks to enforce the Franchise Agreement or pursue temporary or permanent injunctive relief.