Where should the internal mediation for Degree Wellness take place?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
Except insofar as we elect to enforce this Agreement or to seek temporary or permanent injunctive relief as provided in Section 17.8 of this Agreement, before either party commences an arbitration under this Section, 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 shall be submitted for arbitration pursuant to this Section. "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 same.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, internal mediation should occur in a mutually agreeable location. If the parties cannot agree on a location within 10 days of a mediation request, the mediation will take place at Degree Wellness's corporate headquarters.
Internal mediation is a prerequisite to commencing arbitration, unless Degree Wellness seeks to enforce the agreement or obtain injunctive relief. The internal mediation process involves reasonable business discussions, either by telephone or in person, to resolve the dispute.
This process must occur before either party can proceed to arbitration. If no resolution is reached within 30 days of the initial written request for internal mediation, the dispute can then be submitted for arbitration. This structured approach aims to facilitate resolution before more formal and costly arbitration proceedings are initiated.