What is the required content of the Dispute Notice that initiates mediation with Kitchen Solvers?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, a franchisee who wishes to initiate mediation must first send a written Dispute Notice to the other party. This Dispute Notice must comprehensively detail the nature of the dispute.
Specifically, the Dispute Notice must include the Initiating Party's version of the facts surrounding the dispute, the amount of damages claimed, and the nature of any injunctive or other relief sought. Furthermore, the Dispute Notice must identify one or more individuals with the authority to settle the dispute on behalf of the Initiating Party.
Following the issuance of the Dispute Notice, both parties are expected to engage in good-faith negotiations to resolve the dispute. If the dispute remains unresolved within twenty days of the Dispute Notice, either party may then initiate a formal mediation procedure through the American Arbitration Association, to be held in La Crosse, Wisconsin, unless otherwise agreed.