Who selects the mediation date if Face Foundrie and the franchisee cannot agree?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisee and Franchisor cannot agree on a date for mediation, then the mediation organization will select a date it believes is reasonable for both parties, given all of the claimed conflicts in dates. The person actually mediating the dispute will be required to have at least ten (10) years of experience as either a franchisee or franchisor (or as an officer of such an entity) or in franchise law. Franchisor and Franchisee will equally share the cost of the mediator. The mediator will select the location for the mediation, but unless Franchisor and Franchisee agree otherwise, the mediation will be held in a metropolitan area within twenty (20) miles of Franchisor's principal office.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, if Face Foundrie and the franchisee cannot agree on a date for mediation, the mediation organization will select a date it believes is reasonable for both parties, considering all claimed conflicts in dates. The mediation organization is directed to schedule a mediation proceeding at a time mutually convenient to both parties. The mediation must be held within thirty days of the organization receiving notification that its services are requested.
This process ensures that mediation occurs in a timely manner, even if the two parties have scheduling difficulties. The selected date must be deemed reasonable by the mediation organization, taking into account any conflicts in dates that either party claims.
For a prospective Face Foundrie franchisee, this means that they must be prepared to attend mediation within 30 days of the organization's notification, on a date selected by the organization if no mutual agreement can be reached. This clause aims to prevent either party from unduly delaying the mediation process.