What is the deadline for responding to a written request for mediation regarding a Gokhale Method dispute?
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, a franchisee has fifteen (15) days to respond to a written request for mediation. If a party does not respond within this timeframe, they waive their right to mediate the dispute.
Mediation is the first step in resolving disputes between Gokhale Method and its franchisees. The mediation will be administered by the American Arbitration Association (AAA) under its Commercial Mediation Procedures. The mediation will take place at a mutually agreed location, or, if the parties cannot agree to a location, in Palo Alto, California.
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 confidential information, the ownership, validity, or use of the Marks or ownership of Intellectual Property, and enforcement of covenants outlined in Section 17 of the agreement. After mediation, if the dispute is not resolved, the parties may proceed to arbitration.