What is the consequence of failing to participate in good faith in the Kitchen Solvers mediation process?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
Good faith participation in these procedures to the greatest extent reasonably possible, despite lack of cooperation by one or more of the other parties, is a precondition to initiating any arbitration or legal action, including any action to interpret or enforce this Agreement.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, good faith participation in mediation is a precondition to initiating any arbitration or legal action against Kitchen Solvers. This requirement applies to any dispute, controversy, or claim between a franchisee and Kitchen Solvers, including disputes related to the franchise agreement, leases, financing arrangements, the parties' relationship, events prior to the agreement, the business itself, or any system standard.
In practical terms, this means that a Kitchen Solvers franchisee cannot pursue arbitration or legal action against the franchisor without first demonstrating that they have genuinely attempted to resolve the issue through mediation. This process is intended to encourage cooperation and reduce the costs associated with litigation.
The FDD emphasizes that even if the other party is uncooperative, the franchisee must still make their best effort to participate in the mediation process. This requirement underscores the importance Kitchen Solvers places on attempting to resolve disputes amicably before resorting to more formal and costly legal proceedings. Failing to engage in mediation in good faith could result in a delay or dismissal of any subsequent legal or arbitration claims the franchisee may wish to bring against Kitchen Solvers.