What is the obligation of each party regarding statements made during mediation with Buona?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Each party hereby agrees that all statements made in the course of mediation shall be strictly confidential, and shall not be disclosed to or shared with any third parties, other than the mediator.
Each party also agrees that any documents or data specifically prepared for use in good faith negotiations and/or mediation shall not be disclosed to or shared with any third party except those parties whose presence is necessary to facilitate the mediation process.
The parties agree not to make copies of any such documents, and to return them to the other party upon the conclusion of the mediation.
Each party agrees and acknowledges that no statements made in, or evidence specifically prepared for mediation shall be admissible for any purpose in any subsequent proceedings.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, both parties involved in mediation have specific confidentiality obligations. Each party must agree that all statements made during mediation are strictly confidential and cannot be disclosed to or shared with any third parties, except for the mediator. This ensures open and honest communication during the mediation process without fear of later repercussions.
In addition to verbal statements, any documents or data specifically prepared for use in good faith negotiations and/or mediation are also subject to confidentiality. These materials cannot be disclosed to or shared with any third party, except those whose presence is necessary to facilitate the mediation process. This provision aims to protect sensitive information that may be revealed or created during the mediation.
Furthermore, both parties must agree not to make copies of any such documents and to return them to the other party upon the conclusion of the mediation. Finally, each party acknowledges that no statements made in, or evidence specifically prepared for mediation, will be admissible for any purpose in any subsequent legal proceedings. This encourages parties to be forthcoming during mediation, knowing that their statements cannot be used against them later in court. These measures collectively aim to foster a conducive environment for resolving disputes through mediation.