What is the process for scheduling Ella Cafe mediation?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
Mediation must be conducted in person pursuant to Section 14.2.2., 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.
Neither illness, Covid, inconvenience, weather, or any other reason shall serve to excuse your personal appearance for mediation.
Source: Item 23 — RECEIPTS (FDD pages 50–181)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, the scheduling of mediation involves specific conditions. The document states that telephonic or electronic appearances are not permitted for mediation, except for scheduling purposes or to discuss non-material mediation-related matters. This means that while the initial scheduling can be handled remotely, the actual mediation sessions must be conducted in person, as specified in Section 14.2.2 of the agreement.
This requirement ensures that all parties are physically present during the mediation process, which Ella Cafe believes is essential for effective communication and resolution of disputes. However, it also means that franchisees must be prepared to travel to the designated location for mediation, bearing in mind that 'neither illness, Covid, inconvenience, weather, or any other reason shall serve to excuse your personal appearance for mediation.'
This in-person requirement could pose logistical and financial challenges for franchisees, especially those located far from Ella Cafe's principal business office, where the mediation will be held. Franchisees should factor in potential travel costs and time commitments when considering the mediation process. The FDD specifies that all 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.