Which organization administers the mediation process for Gokhale Method disputes?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
Mediation.
Except as otherwise provided herein, if a dispute arises between the parties, whether relating to this Agreement or not, the parties must first try in good faith to settle the dispute by mediation administered by the American Arbitration Association ("AAA") under its Commercial Mediation Procedures.
Only if a party fails or refuses to acknowledge its obligation to mediate after 15 days' written notice, or after a mediator has certified in writing that, following mediation, the dispute is not resolved, may the parties proceed to arbitration.
The mediation shall take place at a mutually agreed location, or, if the parties cannot agree to a location, in Palo Alto, California.
The parties shall each bear all of their own costs of mediation; provided, however, the fees of the mediator shall be divided equally between the parties.
The parties hereto agree that mediation shall not be required with respect to any claim or dispute involving: (a) any payment obligation of yours that is more than forty five (45) days past due; (b) actual or threatened disclosure or misuse of our Confidential Information; (c) the ownership, validity, or use of the Marks or ownership of Intellectual Property (d) enforcement the covenants set forth in Section 17 of this Agreement.
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, disputes between Gokhale Method and its franchisees are initially addressed through mediation. The mediation process is administered by the American Arbitration Association (AAA) under its Commercial Mediation Procedures. This means that if a disagreement arises, both parties are expected to engage in good-faith efforts to resolve the issue with the help of a neutral mediator provided by the AAA.
The FDD specifies that mediation is required before proceeding to arbitration, highlighting the importance of attempting to resolve disputes amicably. However, there are exceptions where mediation is not required, such as disputes involving overdue payments exceeding 45 days, misuse of confidential information, issues related to intellectual property, or enforcement of specific covenants within the agreement.
The mediation is set to take place at a mutually agreed location, or if an agreement cannot be reached, it will occur in Palo Alto, California. Each party is responsible for their own costs associated with the mediation, while the mediator's fees are divided equally between the parties. This structured approach to dispute resolution aims to provide a fair and efficient process for addressing conflicts while also protecting Gokhale Method's interests in certain critical areas.