What happens if the parties cannot agree on a mediator for a Kitchen Solvers dispute?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- c. Selection of the Mediator. If the parties cannot mutually agree upon a mediator, the parties shall submit to one another written lists of acceptable mediators who are not associated with either of the parties. Each party must rank all the mediators in numerical order of preference and exchange the rankings. If one or more names are on both lists, the highest ranking one of these will be designated the mediator.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, if Kitchen Solvers and a franchisee cannot agree on a mediator, both parties are required to submit a written list of acceptable mediators who are not associated with either party. Each party must rank the mediators in numerical order of preference and then exchange the rankings. If one or more names appear on both lists, the individual with the highest ranking will be designated as the mediator. This process ensures a neutral selection.
This structured approach to mediator selection aims to prevent deadlocks and facilitate the dispute resolution process. By requiring both parties to propose and rank potential mediators, the system increases the likelihood of finding a mutually acceptable individual. The mediator will conduct proceedings in La Crosse, Wisconsin, the location of Kitchen Solvers' headquarters.
This method is a fairly standard practice in franchise agreements, as it provides a clear and structured way to select a mediator when the parties are unable to agree. It is designed to ensure fairness and impartiality in the mediation process, which is a crucial step in resolving disputes before they escalate to arbitration or litigation. Franchisees should understand this process and be prepared to engage in it should a dispute arise with Kitchen Solvers.