Who is allowed to receive confidential information about a Baya Bar mediation or arbitration proceeding?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- 20.3.6 Except as expressly required by law, Franchisor, Franchisee and any Principal shall keep all aspects of any mediation and/or arbitration proceeding in confidence, and shall not disclose any information about the proceeding to any third party other than legal counsel who shall be required to maintain the confidentiality of such information.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to the 2024 Baya Bar Franchise Disclosure Document, all aspects of any mediation and/or arbitration proceeding must be kept in confidence by the Franchisor, Franchisee, and any Principal. The document specifies that no information about the proceeding can be disclosed to any third party.
However, there is an exception: disclosure is permitted to legal counsel, provided that the legal counsel is required to maintain the confidentiality of such information. This ensures that both parties can obtain legal advice without compromising the confidentiality of the mediation or arbitration process.
This clause aims to protect the privacy of dispute resolution processes, which is a common practice in franchising to encourage open and honest communication during mediation or arbitration. Franchisees should be aware that they are obligated to keep these proceedings confidential, and any breach of this confidentiality could have legal consequences.