For Ella Cafe mediations, are telephonic or electronic appearances permitted for parties or their counsel?
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, mediations must be conducted in person. Telephonic or electronic appearances for parties or their counsel are not permitted, except for scheduling or discussing non-material, mediation-related matters.
This requirement means that franchisees and their attorneys must be physically present at the mediation sessions, which could involve travel and associated expenses. The FDD explicitly states that illness, COVID, inconvenience, weather, or any other reason will not excuse personal appearance for mediation.
This in-person mediation requirement underscores the importance Ella Cafe places on direct engagement during dispute resolution. Franchisees should factor in potential travel costs and time commitments when considering the mediation process. The strict policy on personal appearances suggests that Ella Cafe prioritizes face-to-face negotiations to resolve conflicts effectively.