Are there any specific requirements for the content of the written request for internal mediation with Degree Wellness?
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, before commencing arbitration, both parties must attempt to resolve disputes through internal mediation. This mediation is a condition that must be met before filing for arbitration, unless Degree Wellness seeks to enforce the agreement or pursue injunctive relief. The internal mediation should occur at a mutually agreed location, or if no location is agreed upon within 10 days of the mediation request, at Degree Wellness's corporate headquarters.
The document specifies that internal mediation involves reasonable business discussions, conducted either by telephone or in person, focusing on the dispute and potential resolutions. However, the FDD does not explicitly detail specific content requirements for the written request for internal mediation.
Therefore, while a written request is necessary to initiate the internal mediation process, the FDD does not specify what information the request must contain. A prospective franchisee should clarify with Degree Wellness what information they expect to be included in the written request to ensure compliance and facilitate a smooth mediation process.