What is the role of the American Arbitration Association (AAA) in the Kitchen Solvers mediation process?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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, the American Arbitration Association (AAA) plays a specific role in the mediation process. If direct negotiations between Kitchen Solvers and a franchisee fail to resolve a dispute within 20 days after the issuance of a Dispute Notice, either party can initiate a mediation procedure. This mediation is conducted in accordance with the AAA's Commercial Mediation Procedures. Unless the parties agree otherwise, the mediation will take place in La Crosse, Wisconsin, where Kitchen Solvers' headquarters are located.
The involvement of the AAA ensures that the mediation process follows a standardized and recognized set of procedures. This can provide a level of impartiality and structure to the negotiations, potentially leading to a more efficient and fair resolution. The AAA's Commercial Mediation Procedures likely include guidelines for mediator selection, information exchange, and conduct of the mediation sessions.
For a prospective Kitchen Solvers franchisee, understanding this dispute resolution process is crucial. It outlines the steps to be taken if a disagreement arises with the franchisor. Knowing that the AAA's procedures will govern the mediation can offer some reassurance that the process will be handled professionally. However, franchisees should also be aware of the location of the mediation (La Crosse, Wisconsin) and the potential costs associated with participating in such a process.
It is also important to note that mediation is a prerequisite to initiating any arbitration or legal action against Kitchen Solvers, except for specific actions by Kitchen Solvers related to injunctive relief or enforcement. This underscores the importance of engaging in the mediation process in good faith, as it is a necessary step before pursuing other legal remedies.