What specific rules are used for mediation with Hck Hot Chicken?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
- 10.2 Arbitration.
If the parties cannot fully resolve and settle a dispute through mediation as set forth in Section 10.1, all unresolved issues involved in the dispute, including any controversy or claim between Franchisor and Area Developer arising out of or relating to this Development Agreement or any alleged breach hereof, and any issues pertaining to the arbitrability of such controversy or claim and any claim that this Development Agreement or any part hereof is invalid, illegal, or otherwise voidable or void, shall be submitted to binding arbitration.
Source: Item 23 — RECEIPTS (FDD pages 55–245)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, mediation is required before arbitration can be initiated. The mediation will occur at the JAMS office closest to Hck Hot Chicken's principal business location, which is currently Sarasota, FL. The mediation must be conducted and completed within 45 days from when either party gives notice of mediation.
The fees and expenses for the mediator are to be split equally between Hck Hot Chicken and the franchisee. The mediator is prohibited from serving as a witness, expert, or counsel for either party in any related suit. The entire mediation process is to be kept confidential, and any conduct, statements, promises, offers, views, and opinions from the mediator and parties involved are not admissible in any legal proceeding.
However, evidence that is otherwise discoverable or admissible will not be excluded simply because it was used during the mediation. If mediation does not fully resolve the dispute within the 45-day period, either party can then proceed to initiate arbitration.