Is telephonic or electronic appearance permitted during Ella Cafe mediation?
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. Telephonic or electronic appearances are not permitted for mediation sessions by any of the parties or their counsel, except when scheduling the mediation or discussing non-material, mediation-related matters.
This means that if a dispute arises that requires mediation, prospective Ella Cafe franchisees should anticipate the need for in-person meetings. Franchisees will need to factor in the time and expense associated with traveling to and attending mediation sessions.
The FDD also states that neither illness, COVID, inconvenience, weather, or any other reason will excuse personal appearance for mediation. This underscores the importance Ella Cafe places on in-person mediation and the commitment franchisees must make to be physically present.