What is the role of the mediator in the Kitchen Solvers dispute resolution process?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
ate 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.
- e. Exchange of Information. If either party to this Agreement believes he, she, or it needs information in the possession of another party to this Agreement to prepare for the mediation, all parties must attempt in good faith to agree on procedures for an exchange of information, with the help of the mediator if required.
- f. Summary of Views. At least seven (7) days before the first scheduled mediation session, each party must deliver to the mediator and to the other party a concise
written summary of its views on the matter in dispute and on any other matters that the mediator asks them to include. The mediator may also request that each party submit a confidential paper on relevant legal issues, which may be limited in length by the mediator, to him or her.
- g. Representatives. In the mediation, each party must be represented by a person with requisite authority to settle the dispute (each an "Authorized Person") and may be represented by counsel. In addition, each party may, with permission of the mediator, bring with him, her, or it any additional persons who are needed to respond to questions, contribute information, and participate in the negotiations.
- h. Conduct of Mediation. The mediator shall advise the parties in writing of the format for the meeting or meetings.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the mediator plays a central role in facilitating dispute resolution between the franchisee and franchisor. The mediator's responsibilities include advising the parties on the format of meetings, providing an opportunity for each party to present their views, and assisting the authorized persons in negotiating a resolution. The mediator can conduct joint meetings and attend separate private caucuses with the parties to help them reach an agreement. All mediation sessions are to be kept strictly private, and the mediator must keep all information learned confidential.
Before the mediation, if either party believes they need information from the other party to prepare, all parties must attempt in good faith to agree on procedures for an exchange of information, with the help of the mediator if required. At least seven days before the first scheduled mediation session, each party must deliver to the mediator and to the other party a concise written summary of its views on the matter in dispute and on any other matters that the mediator asks them to include. The mediator may also request that each party submit a confidential paper on relevant legal issues, which may be limited in length by the mediator, to him or her.
For a prospective Kitchen Solvers franchisee, understanding the mediator's role is crucial. The mediator acts as a neutral facilitator, guiding the parties toward a resolution without imposing a decision. This process allows for open communication and exploration of potential solutions, which can be less adversarial and more cost-effective than litigation or arbitration. The franchisee should be prepared to actively participate in the mediation process, providing all necessary information and being open to compromise to reach a mutually agreeable outcome.
The success of the mediation process relies heavily on the mediator's skills and experience in guiding the parties toward a resolution. Franchisees should ensure they understand the mediator selection process and have the opportunity to choose a mediator who is qualified and impartial. The emphasis on confidentiality and privacy during mediation sessions can foster a more trusting environment, encouraging both parties to share information and explore creative solutions.