Under the Kitchen Solvers agreement, what is the process for resolving disputes before arbitration?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
8.1.1 The parties have reached this Agreement in good faith and with the belief that it is advantageous to each of them. In recognition of the strain on time, unnecessary expense and wasted resources potentially associated with litigation and/or arbitration, and in the spirit of cooperation, the parties pledge to try to resolve any dispute amicably, without litigation or arbitration. Other than an action brought by us under Section 8.3 of this Agreement, and with the exception of injunctive relief or specific performance actions, before the filing of any arbitration, you and we agree to mediate any dispute, controversy or claim between us and/or any of our affiliates, officers, directors, managers, shareholders, members, owners, guarantors, employees or agents (each a "Franchisor Related Party"), on the one hand, and you and/or any of your affiliates, officers, directors, managers, shareholders, members, owners, guarantors, employees or agents (each a "Developer Related Party"), including without limitation, in connection with any dispute, controversy or claim arising under, out of, in connection with or in relation to: (a) this Agreement; (b) the parties' relationship; or (c) the events occurring prior to the entry into this Agreement. Good faith participation in these procedures to the greatest extent reasonably possible, despite lack of cooperation by one or more of the other parties, is a precondition to instituting any arbitration or legal action, including any action to interpret or enforce this Agreement.
8.1.2 Mediation will be conducted La Crosse County, Wisconsin (or, if Franchisor's corporate headquarters is no longer in La Crosse County, Wisconsin, the county where Franchisor's corporate headquarters is then located). Persons authorized to settle the dispute
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, Kitchen Solvers and the franchisee pledge to try to resolve any dispute amicably, without litigation or arbitration. Before filing any arbitration, both parties agree to mediate any dispute, controversy, or claim between them, including their affiliates, officers, directors, managers, shareholders, members, owners, guarantors, employees, or agents. This mediation applies to disputes arising under the agreement, the parties' relationship, or events occurring before the agreement.
The mediation will be conducted in La Crosse County, Wisconsin, or where Kitchen Solvers' corporate headquarters is located. Both parties must participate in these procedures in good faith to the greatest extent reasonably possible, even if the other party is uncooperative. This good faith participation is a precondition to instituting any arbitration or legal action, including any action to interpret or enforce the agreement.
This mediation requirement does not apply to actions brought by Kitchen Solvers under Section 8.3 of the agreement or actions seeking injunctive relief or specific performance. This means that Kitchen Solvers can bypass mediation in certain situations, such as when seeking immediate legal remedies to prevent a breach of contract. For a prospective franchisee, this highlights the importance of understanding the specific circumstances under which mediation is required and when Kitchen Solvers may pursue other legal avenues without it.