Where will the mediation take place if direct negotiations fail between Kitchen Solvers and the franchisee?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
ersion 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.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, if direct negotiations fail to resolve a dispute, either party can initiate mediation through the American Arbitration Association (AAA). Unless both parties agree otherwise, the mediation will occur in the city and state where Kitchen Solvers' headquarters are located, which is currently La Crosse, Wisconsin. The mediator will designate a mutually acceptable time and place for the mediation, also in La Crosse, Wisconsin, ideally within thirty days of their selection.
This means that a Kitchen Solvers franchisee, regardless of their franchise location, may need to travel to La Crosse, Wisconsin, to participate in mediation if a dispute arises and cannot be resolved through initial negotiations. This could involve significant travel expenses and time away from their business.
The FDD specifies that the location of the mediation is subject to change only if both parties agree. This clause ensures that Kitchen Solvers franchisees are aware of the potential location for dispute resolution, allowing them to factor in possible travel costs and logistical considerations when evaluating the franchise opportunity. Franchisees should consider this when assessing the overall costs and potential challenges of operating a Kitchen Solvers franchise.