What is the impact of a party's failure to cooperate during 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 Kitchen Solvers' 2025 Franchise Disclosure Document, good faith participation in the mediation process is a precondition to initiating any arbitration or legal action. This requirement applies to both Kitchen Solvers and the franchisee, including their owners, affiliates, officers, directors, shareholders, guarantors, employees, owners, or members.
The FDD emphasizes that parties should try to resolve disputes amicably through mediation before resorting to litigation or arbitration, as these methods can be time-consuming and expensive. The commitment to good faith participation is crucial, even if one or more parties are not fully cooperative.
In practical terms, a Kitchen Solvers franchisee must demonstrate a genuine effort to engage in the mediation process, regardless of the other party's behavior. Failure to do so could prevent the franchisee from pursuing further legal action or arbitration, potentially hindering their ability to resolve the dispute effectively. This encourages both parties to actively participate and attempt to find common ground during mediation.