What is the required location for mediation of a dispute with Kitchen Solvers?
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, the required location for mediation, unless otherwise agreed upon, is the city and state where Kitchen Solvers' headquarters are located. Currently, that location is La Crosse, Wisconsin. This means that any disputes that go to mediation will take place in La Crosse, Wisconsin, regardless of where the franchisee's business is located.
The mediation process begins with the party initiating the action 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 requested injunctive or other relief. Both parties must then attempt to resolve the dispute in good faith through direct negotiations for 20 days after the Dispute Notice is issued. If direct negotiations fail, either party can initiate mediation through the American Arbitration Association (AAA), following its Commercial Mediation Procedures.
The mediator will be selected by mutual agreement between the parties. If they cannot agree, each party will submit a ranked list of acceptable mediators not associated with either party. The mediator with the highest ranking common to both lists will be chosen. The mediator will then designate a mutually acceptable time and place for the mediation, which must be in La Crosse, Wisconsin, unless circumstances make it impossible, and no later than 30 days after the mediator's selection. This clause ensures that Kitchen Solvers franchisees must travel to the company's headquarters for mediation, which may create a financial burden for franchisees located far from Wisconsin.