What is the deadline for responding to a written request for mediation for Gokhale Method?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
If a party fails to respond to a written request for mediation within fifteen (15) days after service or fails to participate in any scheduled mediation conference, that party shall be deemed to have waived its right to mediate the issue in dispute.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, if a franchisee receives a written request for mediation, they must respond within fifteen (15) days after service of the request. Failure to respond within this timeframe or participate in any scheduled mediation conference will result in the franchisee being deemed to have waived their right to mediate the issue in dispute.
This requirement means that franchisees need to promptly address any written requests for mediation to avoid losing the opportunity to resolve disputes through mediation. Mediation can be a less costly and time-consuming alternative to arbitration or litigation, so waiving this right could put the franchisee at a disadvantage if a dispute arises with Gokhale Method.
However, mediation is not required for certain claims or disputes, including those involving payment obligations more than 45 days past due, actual or threatened disclosure or misuse of Gokhale Method's Confidential Information, the ownership, validity, or use of the Marks or ownership of Intellectual Property, or enforcement of covenants set forth in Section 17 of the Franchise Agreement. In these specific cases, Gokhale Method or the franchisee can proceed directly to arbitration or other legal remedies without first engaging in mediation.