Where will mediation be conducted for Hck Hot Chicken franchise disputes if using JAMS?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
18.1 Mediation. 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 in Section 12.2.3 or to seek provisional remedies, including injunctions and as otherwise described below in Section 18.5), 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 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, if mediation is required before arbitration or a lawsuit, it will be conducted at the JAMS office closest to Hck Hot Chicken's principal place of business. Currently, Hck Hot Chicken's principal place of business is located in Sarasota, FL.
This means that a franchisee, regardless of their location, may be required to travel to Sarasota, FL, or the closest JAMS office to Sarasota, FL, to participate in mediation. This could involve significant travel expenses and time, potentially creating a financial burden for the franchisee.
Mediation must be conducted according to the Rules of Practice and Procedure of JAMS, unless both parties agree to alternative rules and a mediator within 15 days of notice of mediation. The mediation must be conducted and completed within 45 days after notice is given. If mediation does not fully resolve the dispute within this period, either party can then proceed to arbitration.