Does the Kitchen Solvers mediation process cover disputes related to the parties' relationship?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
Other than an action by us under Section 13.A.3 or 13.B of this Agreement, before beginning any legal action or arbitration, the parties agree to mediate any dispute, controversy or claim between you and/or any of your owners, affiliates, officers, directors, shareholders, guarantors, employees, owners or members (each a "Franchisee Related Party"), on the one hand, and us, and/or any of our affiliates, officers, directors, shareholders, members, guarantors, employees, representatives, independent contractors or owners (each a "Franchisor Related Party"), on the other hand, including, without limitation, in connection with any dispute, controversy or claim arising under, out of, in connection with or in relation to: (a) this Agreement; (b) any lease or sublease for your Franchised Business; (c) any loan or other finance arrangement between us and our affiliates and you; (d) the parties' relationship; (e) events occurring prior to the entry into this Agreement; (f) the Business; or (g) any System standard, in accordance with the procedures set forth in this Section 13.A.1, inclusive of all subparts. 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. The Mediation shall be conducted in accordance with the following provisions:
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the mediation process does cover disputes related to the parties' relationship. Before beginning any legal action or arbitration, both Kitchen Solvers and the franchisee must mediate any dispute, controversy, or claim. This includes disputes arising under the agreement, any lease or sublease for the franchised business, any loan or other finance arrangement, the parties' relationship, events occurring prior to the agreement, the business itself, or any system standard.
This mediation requirement extends to disputes between the franchisee and Kitchen Solvers, as well as their respective owners, affiliates, officers, directors, shareholders, guarantors, employees, owners, or members. The FDD emphasizes that good faith participation in these procedures is a precondition to initiating any arbitration or legal action, even if one party is uncooperative.
This clause is fairly standard in franchise agreements, as it encourages parties to resolve disputes through mediation rather than immediately resorting to costly and time-consuming litigation or arbitration. For a prospective Kitchen Solvers franchisee, this means that they must first attempt to resolve any issues with Kitchen Solvers through mediation before pursuing legal action, which could potentially save them significant time and money.