What is the status of the mediator as a witness, expert, or counsel for any party with respect to the Bhc dispute?

According to Bhc's 2025 Franchise Disclosure Document, the mediator is disqualified from serving as a witness, expert, or counsel for either party involved in the dispute or any related matter. This condition ensures the mediator's impartiality and prevents any potential bias in future legal proceedings.

This provision is designed to maintain the integrity of the mediation process. By preventing the mediator from acting as a witness, expert, or counsel, Bhc aims to foster an environment where both parties can openly and honestly negotiate without fear that the mediator's insights will be used against them later in court or arbitration. This encourages a more collaborative and solution-oriented approach during mediation.

For a prospective Bhc franchisee, this means that the mediator's role is strictly limited to facilitating a resolution during the mediation process. The franchisee can be confident that the mediator will not be able to use information gained during mediation against them in any subsequent legal proceedings. This promotes trust in the mediation process and encourages franchisees to participate fully in negotiations, knowing that the mediator's involvement is solely for the purpose of resolving the dispute at hand.