What is the 'Mediation Notice' for Kitchen Solvers?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
8.1.2 Mediation will be conducted La Crosse County, Wisconsin (or, if Franchisor's corporate headquarters is no longer in La Crosse County, Wisconsin, the county where Franchisor's corporate headquarters is then located). Persons authorized to settle the dispute
must attend each mediation session in person. The party seeking mediation (the "Initiating Party") must commence mediation by sending the other party/parties a written notice of its request for mediation (the "Mediation Notice"). The Mediation Notice must specify, to the fullest extent possible, the nature of the dispute, the Initiating Party's version of the facts surrounding the dispute, the amount of damages and the nature of any injunctive or other such relief such party claims, and must identify one or more persons with authority to settle the dispute for the Initiating Party. Upon receipt of the Mediation Notice, the parties will endeavor, in good faith, to resolve the dispute outlined in the Dispute Notice. If the parties have been unable to resolve any such dispute within twenty (20) days after the date the Mediation Notice is provided by the Initiating Party to the other party, either party may initiate a mediation procedure in accordance with this provision. The parties agree to participate in the mediation proceedings in good faith with the intention of resolving the dispute if at all possible within sixty (60) days of the notice from the party seeking to initiate the mediation procedures. The parties agree to participate in the mediation procedure to its conclusion, as set forth in this section.
The mediator shall advise the parties in writing of the format for the meeting or meetings. If the mediator believes it will be useful after reviewing the position papers, the mediator shall give both himself or herself and the authorized person designated by each party an opportunity to hear an oral presentation of each party's views on the matter in dispute. The mediator shall assist the authorized persons to negotiate a resolution of the matter in dispute, with or without the assistance of counsel or others. To this end, the mediator is authorized both to conduct joint meetings and to attend separate private caucuses with the parties. All mediation sessions will be strictly private. The mediator must keep confidential all information learned unless specifically authorized by the party from which the information was obtained to disclose the information to the other party.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the Mediation Notice is a written notice from the party seeking mediation, referred to as the "Initiating Party." This notice must detail the nature of the dispute, the Initiating Party's version of the facts, the amount of damages claimed, and the nature of any injunctive or other relief sought. It must also identify individuals authorized to settle the dispute on behalf of the Initiating Party.
Upon receiving the Mediation Notice, both parties are expected to try to resolve the dispute in good faith within twenty days. If they cannot resolve it within this period, either party can start a mediation procedure. Both parties must participate in the mediation proceedings in good faith, aiming to resolve the dispute within sixty days of the notice initiating the mediation procedures. The parties are required to participate in the mediation procedure to its conclusion.
The mediation will be conducted in La Crosse County, Wisconsin, or, if Kitchen Solvers' corporate headquarters is no longer in La Crosse County, in the county where the headquarters is located. Individuals authorized to settle the dispute must attend each mediation session in person. The mediator will advise the parties in writing about the format for the meetings and may allow each party to present their views on the dispute. The mediator is authorized to conduct joint meetings and private caucuses with the parties to help them negotiate a resolution, with or without the assistance of counsel. All mediation sessions will be private, and the mediator must keep all information confidential unless authorized to disclose it.
This process outlines a structured approach to resolving disputes, emphasizing good faith negotiation and participation. For a prospective Kitchen Solvers franchisee, understanding this process is crucial, as it details the steps to take if a dispute arises and highlights the importance of having authorized representatives present during mediation sessions. The confidentiality aspect also ensures that sensitive information shared during mediation remains protected.