What are the qualifications of the mediator required for Bhc dispute resolution?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
ranchisor under this Agreement which may result in termination of this Agreement pursuant to section 13.3 above. Also, if a party refuses to participate in the Settlement Conference or mediation within the respective time frames set forth in this section 14.1, the other party may immediately commence an arbitration proceeding pursuant to section 14.2 below.
- (b) If the parties are unable to settle the Dispute at the Settlement Conference, then within 10 business days after the date the Settlement Conference took place (or should have taken place), Master Franchisee and Franchisor may submit the dispute to non-binding mediation conducted by and before a mediator who is a State Bar of California Board of Legal Specialization Certified Specialist in Franchise and Distribution Law at a location in California mutually agreeable to both parties. If the Dispute is not referred to mediation within 10 business days after the Settlement Conference took place (or should have taken place), the Dispute may be immediately submitted to binding resolution through arbitration proceedings pursuant to section 14.2 below. Any mediation proceedings should be completed within 60 days following the date either party first gives notice of mediation. The fees and expenses of the mediator will be shared equally by the parties. The mediator will be disqualified as a witness, expert, or counsel for any party with respect to the Dispute and any related matter.
- (c) Mediation is a compromise negotiation and will constitute privileged communications under the law governing this Agreement. The entire mediation process will be confidential and the conduct, statements, promises, offers, views and opinions of the mediator and the parties will not be discoverable or admissible in any legal proceeding for any purpose;
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, if the initial settlement conference does not resolve a dispute, the matter may be submitted to non-binding mediation. The mediator must be a State Bar of California Board of Legal Specialization Certified Specialist in Franchise and Distribution Law. The mediation is to take place at a location in California that is mutually agreeable to both Bhc and the franchisee.
If the dispute is not referred to mediation within 10 business days after the settlement conference, either party can proceed directly to binding arbitration. Any mediation proceedings should be completed within 60 days from when mediation notice is first given. The fees and expenses for the mediator are to be shared equally between Bhc and the franchisee.
The mediator is disqualified from serving as a witness, expert, or counsel for either party regarding the dispute or any related matter. The mediation process is confidential, and all communications, statements, offers, and opinions from the mediator and parties are considered privileged and not admissible in legal proceedings. However, evidence that is otherwise discoverable will not be excluded simply because it was used during mediation.