What is the required affiliation status of the mediator for Jersey Mikes?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
IF THE PARTIES CANNOT AGREE ON A ME DIATOR AND THE AAA ADMINISTERS THE MEDIATION, THE AAA SHALL PROVIDE THE PARTIES WITH A L IST OF MEDIATORS WILLING TO SERVE. THE PARTIES WILL HAVE TEN (10) DAYS FROM RECEIPT OF THE LIST FROM THE AAA TO AGREE UPON A MEDIATOR FROM THE LIST. IF NEITHER PARTY ADVISES THE AAA IN WRITING OF AN AGREEMENT WITHIN TEN (10) DAYS OF RECEIPT OF SUCH LIST, THE AAA SHALL APPOINT THE MEDIATOR.
THE FEES AND EXPENSES OF THE AAA (OR O THER ADMINISTRATOR), IF APPLICABLE, AND THE MEDIATOR'S FEE, SHAL L BE SHA RED EQUALLY AMONG THE PARTIES. EACH PARTY SHALL BEAR ITS OWN ATTORNEYS' FEES AND OTHER COSTS INCURRED IN CONNECTION WITH THE MEDIATION IRRESPECTIVE OF THE OUTCOME OF THE MEDIATION OR TH E MEDIATOR'S EVALUATION OF EACH PARTY'S CASE. T HE MEDIATION SHALL OCCUR WITHIN THIRTY (30) DAYS AFTER SELECTION OF THE MEDIATOR.
REGARDLESS OF WHICH PARTY INITIATES THE MEDIATION, THE PARTIES AGREE TO CONDUCT THE MEDIATION AT A SUITABLE LOCATION CHOSEN BY THE MEDIATOR IN MONMOUTH COUNTY, NEW JERSEY. AT LEAST SEVEN (7) DAYS BEFORE THE FIRST SCHEDULED SESSION OF THE MEDIATION, EACH PARTY SHALL DELIVER TO THE MEDIATOR A CONCISE WRITTEN SUMMARY OF ITS POSITION WITH RESPECT TO THE MATTERS IN DISPUTE (SUCH AS CLAIMS OR DEFENSES) AND SUCH OTHER MATTERS REQUIRED BY THE ME DIATOR. THE PARTIES EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER INITIATION NOR COMPLETION OF MEDIATION CONTEMPLATED BY THIS SECTION IS A CONDITION PRECEDENT TO EITHER PARTY'S COMMENCEMENT OR PURSUIT OF OTHER LEGAL ACTIONS AND REMEDIES, INCLUDING ARBITRATION, AS PERMITTED UNDER THIS AGREEMENT. MEDIATION SHALL NOT DEFER OR SUSPEND FRANCHISOR'S EXERCISE OF ANY TERMINATION RIGHT UNDER THIS AGREEMENT.
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
According to Jersey Mike's 2025 Franchise Disclosure Document, if the parties involved in a dispute cannot agree on a mediator, the American Arbitration Association (AAA) will provide a list of mediators. The parties then have 10 days to agree on a mediator from this list. If no agreement is reached within those 10 days, the AAA will appoint a mediator.
This process ensures that a neutral third party is available to help resolve disputes, even if the parties cannot initially agree on who that should be. The fees and expenses of the AAA, or any other administrator, along with the mediator's fee, will be shared equally among the parties involved. Each party is responsible for their own attorney's fees and other costs related to the mediation, regardless of the outcome or the mediator's evaluation of the case.
The mediation itself must occur within 30 days after the mediator is selected. The mediation will take place at a location in Monmouth County, New Jersey, chosen by the mediator. At least seven days before the first mediation session, each party must provide the mediator with a written summary of their position on the matters in dispute. It is important to note that starting or completing mediation does not prevent either party from pursuing other legal actions or remedies, including arbitration, as permitted by the agreement. Additionally, mediation does not delay or suspend Jersey Mike's right to terminate the agreement.