How long does Hck Hot Chicken's mediation process last following the notice of mediation?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Except to the extent precluded by Applicable Law, the parties hereby pledge and agree that prior to filing any arbitration or lawsuit (other than suits described below in Section 10.5), they shall first attempt to resolve any dispute between the parties pursuant to mediation conducted in accordance with the Rules of Practice and Procedure of Judicial Arbitration & Mediation Services, Inc. ("JAMS") unless the parties agree on alternative rules and a mediator within 15 days after either party first gives notice of mediation.
Mediation shall be conducted in the JAMS office closest to our principal place of business (currently Sarasota, FL) and shall be conducted and completed within 45 days following the date either party first gives notice of mediation.
If the parties fail to fully resolve such dispute through mediation within such 45-day period, either party may initiate arbitration.
The fees and expenses of the mediator shall be shared equally by the parties.
The mediator shall be disqualified as a witness, expert or counsel for any party with respect to any suit and any related matter.
The entire mediation process shall be confidential and the conduct, statements, promises, offers, views and opinions of the mediator and the parties shall not be discoverable or admissible in any legal proceeding for any purpose except as required by Applicable Law, including required disclosure in Franchisor's franchise disclosure document, and provided, however, that evidence which is otherwise discoverable or admissible shall not be excluded from discovery or admission as a result of its use in the mediation.
Source: Item 23 — RECEIPTS (FDD pages 55–245)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, the mediation process must be conducted and completed within 45 days after either party provides the initial notice of mediation. The mediation will take place at the JAMS office closest to Hck Hot Chicken's principal business location, which is currently in Sarasota, FL, unless both parties agree to use alternative rules and a mediator within 15 days of the mediation notice.
This mandatory mediation aims to resolve disputes before resorting to arbitration or lawsuits, except for specific suits outlined in Section 10.5 of the agreement. If mediation fails to fully resolve the dispute within the 45-day timeframe, either party has the right to initiate arbitration.
The costs associated with the mediator are to be shared equally between Hck Hot Chicken and the franchisee. The mediator is also prohibited from serving as a witness, expert, or counsel for either party in any related legal proceedings. All aspects of the mediation process are to remain confidential, with conduct, statements, offers, and opinions being inadmissible in legal proceedings, unless required by law or for disclosures in Hck Hot Chicken's franchise disclosure documents. Evidence that is otherwise discoverable remains admissible, regardless of its use during mediation.