What is the deadline for completing mediation after notice is given for a Dog Haus dispute?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
19. DISPUTE RESOLUTION.
- 19.1 Mediation.
Except as set forth in Sections 19.2.5 and 19.5, the Parties pledge to attempt first to resolve any dispute pursuant to mediation.
Within fifteen (15) days after either Party first gives notice of mediation, the Parties shall promptly agree on a mediator, whose qualifications must include at least ten (10) years of experience in franchise law.
Mediation shall take place in Los Angeles, California and be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association ("AAA") unless Franchisor and Franchisee agree on alternative rules or to proceed on a virtual platform.
Mediation shall be completed within forty-five (45) days following the date either Party first gives notice of mediation unless otherwise agreed to in writing by Franchisor and Franchisee.
The fees and expenses of the mediator shall be shared equally by Franchisor and Franchisee.
The mediator shall be disqualified as a witness, expert or counsel for any Party with respect to the dispute and any related matter.
Mediation is a compromise negotiation and shall constitute privileged communications under California and other Applicable Laws.
The entire mediation process shall be confidential and the conduct, statements, promises, offers, views and opinions of the mediator and Franchisor and Franchisee shall not be discoverable or admissible in any legal proceeding for any purpose; provided, however, that evidence which is otherwise discoverable or admissible shall not be excluded from discovery or admission as a result of its use in the mediation.
Notwithstanding anything to the contrary set forth in this Agreement, any Party that fails to reasonably cooperate in scheduling and completing a mediation within forty-five (45) days after giving or receiving notice thereof shall be precluded from recovering costs, expenses, and/or prevailing party attorneys' fees in any subsequent legal action.
Source: Item 22 — CONTRACTS (FDD page 87)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, if a dispute arises, both parties must first attempt to resolve it through mediation, except in specific situations outlined in Sections 19.2.5 and 19.5. Following a notice of mediation from either party, both parties have 15 days to agree on a mediator with at least 10 years of experience in franchise law. Unless both Dog Haus and the franchisee agree to an extension in writing, the mediation must be completed within 45 days from the date that either party initially provided notice of mediation. The mediation will take place in Los Angeles, California, following the Commercial Mediation Rules of the American Arbitration Association, unless both parties agree to alternative rules or a virtual platform.
Both Dog Haus and the franchisee will equally share the mediator's fees and expenses. The mediator is prohibited from serving as a witness, expert, or counsel for either party in relation to the dispute or any associated matters. The entire mediation process is confidential, and all communications during mediation are considered privileged under applicable laws.
Failure to reasonably cooperate in scheduling and completing the mediation within the 45-day period after notice could result in a party being unable to recover costs, expenses, and attorney's fees in any subsequent legal action. This provision encourages both parties to actively participate in the mediation process within the specified timeframe to avoid potential financial disadvantages in future legal proceedings.