Where must the mediation take place after the selection of the mediator for a Kitchen Solvers dispute?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, after a mediator is selected for a dispute, the mediation will take place in the city and state where Kitchen Solvers' headquarters are located. Currently, their headquarters are in La Crosse, Wisconsin. The mediator is responsible for promptly designating a mutually acceptable time and place for the mediation in La Crosse, Wisconsin, in consultation with both parties involved. Unless impossible due to specific circumstances, the mediation should occur no later than 30 days after the selection of the mediator.
This means that if a Kitchen Solvers franchisee has a dispute with the company that proceeds to mediation, the franchisee will likely need to travel to La Crosse, Wisconsin, for the mediation sessions. This could involve significant travel expenses and time away from their business. The franchisee should factor these potential costs into their assessment of the franchise opportunity.
It is typical in franchising for mediation or arbitration to occur at the franchisor's headquarters or a location convenient for the franchisor. This clause favors Kitchen Solvers, as the franchisee will bear the burden of traveling to the designated location. A prospective franchisee should consider this when evaluating the fairness of the franchise agreement and the potential costs associated with dispute resolution.