Where will mediation be held for Ella Cafe if the parties cannot agree on a mediator?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
Mediation must be conducted in person, and no telephonic or electronic appearance by any of the parties or their counsel is permitted except for the purposes of scheduling mediation or discussion non-material mediation-related matters.
- (f) Neither illness, Covid, inconvenience, weather, or any other reason shall serve to excuse your personal appearance for mediation.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, mediation must be conducted in person. Neither the parties involved nor their counsel are permitted to appear telephonically or electronically, except when scheduling the mediation or discussing non-material, mediation-related matters. The document specifies that illness, COVID-19, inconvenience, weather, or any other reason will not excuse a party's personal appearance for mediation. The FDD does not specify where mediation will be held if the parties cannot agree on a mediator.
Because the FDD does not specify where mediation will be held if the parties cannot agree on a mediator, prospective franchisees should directly ask Ella Cafe about the process for determining the location of mediation if an agreement cannot be reached.
Understanding the location and process for mediation is crucial for franchisees as it directly impacts the costs and logistics associated with resolving disputes. Knowing this information upfront allows franchisees to better prepare for potential conflicts and understand their obligations in the mediation process.