What is the mediator authorized to do during Kitchen Solvers mediation?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
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 mediator has several key authorizations to facilitate dispute resolution. After reviewing position papers from both parties, the mediator can provide an opportunity for each party's authorized person to present their views orally. The mediator's primary role is to assist these authorized individuals in negotiating a resolution. This assistance can be provided with or without the involvement of legal counsel or other advisors. To effectively mediate, the mediator is permitted to conduct both joint meetings and private caucuses with each party. All mediation sessions are to be kept strictly private, and the mediator is obligated to maintain the confidentiality of all information received unless a party specifically authorizes its disclosure to the other side.
This framework gives the mediator broad discretion in how they manage the mediation process, allowing them to tailor their approach to the specific needs of the dispute. The authorization to hold private caucuses is particularly important, as it allows the mediator to explore each party's underlying interests and concerns in a confidential setting. The confidentiality requirement is also crucial for building trust and encouraging open communication between the parties and the mediator.
For a prospective Kitchen Solvers franchisee, understanding the scope of the mediator's authority is important for preparing for potential disputes. Franchisees should be aware that the mediator can significantly influence the negotiation process and that they should choose their authorized representative carefully. Franchisees should also understand their right to confidentiality during the mediation process and how to authorize the mediator to share information if they believe it would be beneficial to reaching a resolution.