How are Kitchen Solvers mediation sessions conducted?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
ne 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:
- a. Initiation Procedure. 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 "Dispute Notice"). The Dispute Notice will 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 relief such party claims, and must identify one or more persons with authority to settle the dispute for the Initiating Party.
- b. Direct Negotiations. Upon receipt of a Dispute 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(s) outlined in a Dispute Notice within twenty (20) days after the issuance of the Dispute Notice, either party may initiate a mediation procedure in accordance with the American Arbitration Association ("AAA"), pursuant to its Commercial Mediation Procedures, and unless otherwise agreed by the parties will take place in the city and state in which our then-current headquarters are located, currently, La Crosse, Wisconsin.
- 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.
- d. Time and Place for Mediation. In consultation with the parties, the mediator shall promptly designate a mutually acceptable time and place (located in the city and state in which our then-current headquarters are located, currently La Crosse, Wisconsin) for the mediation. Unless the circumstances make it impossible, the time may not be later than thirty (30) days after the selection of the mediator.
- e. Exchange of Information.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the mediation process begins with the party seeking mediation sending a written Dispute Notice to the other party. This notice must detail the nature of the dispute, the initiating party's version of the facts, the amount of damages claimed, and any injunctive or other relief sought, along with identifying individuals authorized to settle the dispute.
Upon receiving the Dispute Notice, both parties are expected to engage in good-faith negotiations to resolve the dispute. If they fail to resolve the issues within 20 days of the Dispute Notice, either party can initiate a mediation procedure following the American Arbitration Association (AAA) Commercial Mediation Procedures. Unless both parties agree otherwise, the mediation will occur in La Crosse, Wisconsin, where Kitchen Solvers' headquarters are located.
If the parties cannot agree on a mediator, they will exchange ranked lists of acceptable mediators who are not associated with either party. The mediator with the highest ranking common to both lists will be selected. The mediator will then designate a mutually acceptable time and place for the mediation in La Crosse, Wisconsin, ideally within 30 days of their selection. At least seven days before the first mediation session, each party must provide the mediator and the other party with a concise summary of their views.