Is telephonic or electronic appearance permitted for 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.
- 14.2.5.
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, mediation must be conducted in person, and telephonic or electronic appearances are not permitted for mediation proceedings. The only exception is for scheduling the mediation or discussing non-material, mediation-related matters.
This means that if a dispute arises that requires mediation, an Ella Cafe franchisee and their counsel must be physically present. The FDD emphasizes this requirement, stating that reasons such as illness, COVID-19, inconvenience, or weather will not excuse personal appearance for mediation. This in-person requirement could increase the costs associated with mediation, as franchisees may need to factor in travel expenses and time away from their business.
The requirement for in-person mediation is stricter than some franchise systems, which may allow for virtual participation to save on costs and time. Prospective Ella Cafe franchisees should be aware of this policy and consider the potential implications for dispute resolution. This policy ensures that mediation is taken seriously and that both parties are fully engaged in the process, but it also places a greater burden on the franchisee to be physically present, regardless of circumstances.