What code of procedure will be used to conduct mediation for Southern Steer disputes?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
RDING A FORUM AND DISPUTE RESOLUTION MECHANISM TO RESOLVE ANY DISPUTES THAT MAY ARISE BETWEEN FRANCHISEE AND FRANCHISOR AND HAVE AGREED TO SELECT FORUMS AND DISPUTE RESOLUTION MECHANISM IN ORDER TO PROMOTE STABILITY IN FRANCHISEE RELATIONSHIP WITH FRANCHISOR AS PROVIDED IN THIS SECTION 22.
(a) Negotiation. FRANCHISOR AND FRANCHISEE WILL USE BEST EFFORTS TO RESOLVE AND SETTLE BY DIRECT, PRIVATE NEGOTIATION ANY DISPUTES, SUBJECT TO THE EXCLUSIONS SET OUT IN SECTION 22.4 BOTH PARTIES MAY SEEK THE ADVICE AND ASSISTANCE OF LEGAL COUNSEL IN CONNECTION WITH ANY SUCH NEGOTIATION.
(b) Mediation. SUBJECT TO SECTION 22.4, IF THE PARTIES CANNOT RESOLVE AND SETTLE A DISPUTE BY PRIVATE NEGOTIATION WITHIN 60 DAYS AFTER A PARTY GIVES THE OTHER WRITTEN NOTICE THAT A DISPUTE EXISTS, THE PARTIES WILL SUBMIT ALL DISPUTES BETWEEN THE FRANCHISOR AND THE FRANCHISEE TO MANDATORY NON-BINDING MEDIATION WITHIN 20 DAYS AFTER NEGOTIATION DESCRIBED IN SECTION 22.1(a) IS CEASED BY THE PARTIES. THE MEDIATION WILL BE CONDUCTED IN ACCORDANCE WITH THE THEN-CURRENT OR SUCCESSOR CODE OF PROCEDURE.
Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)
What This Means (2025 FDD)
According to the 2025 Southern Steer Franchise Disclosure Document, if negotiation fails to resolve a dispute, the parties will submit to mandatory non-binding mediation. This mediation must occur within 20 days after negotiations cease. The mediation will be conducted in accordance with the then-current or successor code of procedure.
The mediator will be appointed according to the then-current or successor code of procedure unless both parties agree on a mediator in writing within 10 days after written notice of mediation is given. The chosen mediator is prohibited from being called as a witness in any court or arbitration proceeding.
Each party is required to send a representative to the mediation conference with the authority to enter into binding contracts on their behalf. The costs associated with the mediation, including the mediator's fees and expenses, will be split equally between Southern Steer and the franchisee.