What qualifications must a mediator have when resolving disputes for Dog Haus?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
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, when attempting to resolve disputes through mediation, the mediator must have at least ten years of experience in franchise law. This requirement ensures that the mediator possesses a specific understanding of the complexities and legal nuances inherent in franchise agreements.
Mediation for Dog Haus disputes will take place in Los Angeles, California, unless both parties agree to alternative rules or a virtual platform. The mediation will follow the Commercial Mediation Rules of the American Arbitration Association (AAA), providing a structured framework for the process. The mediation must be completed within 45 days after notice is given, unless both parties agree to extend the timeline in writing.
The fees and expenses for the mediator are to be shared equally between Dog Haus and the franchisee. The mediator is disqualified from serving as a witness, expert, or counsel for either party in the dispute or any related matter, ensuring impartiality. The entire mediation process is confidential, with all communications considered privileged under applicable laws. Failure to reasonably cooperate in scheduling and completing the mediation within the specified timeframe may result in a party being precluded from recovering costs, expenses, and attorney's fees in any subsequent legal action.