What is the impact of a party's lack of cooperation 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, even if one or more parties is not cooperative. This means that a Kitchen Solvers franchisee is still expected to participate to the greatest extent reasonably possible in mediation, regardless of the other party's behavior.
This requirement emphasizes the importance Kitchen Solvers places on attempting to resolve disputes amicably before resorting to more formal and costly legal proceedings. By mandating good faith participation, Kitchen Solvers aims to ensure that all avenues for resolution are explored, even in challenging situations where cooperation may be lacking.
For a prospective Kitchen Solvers franchisee, this implies a responsibility to engage constructively in mediation, even if they believe the other party is not doing so. Failure to demonstrate good faith participation could potentially prevent the franchisee from pursuing arbitration or legal action later on. Franchisees should document their efforts to cooperate during mediation to protect their rights in case further action becomes necessary.