What is the limit on the number of depositions allowed for each side in a Degree Wellness arbitration?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
Arbitration Discovery. Discovery under the arbitration will be limited to the following for each side: (i) three depositions totaling 12 hours; (ii) six interrogatories each consisting of no more than 12 questions (with no subparts); and (iii) three document requests.
The discovery may also be limited in any other manner as specified by the arbitrator, who will limit discovery to the greatest extent possible consistent with basic fairness.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, during arbitration, each side is limited to three depositions. These depositions cannot exceed a total of 12 hours. In addition to the deposition limits, each side is also limited to six interrogatories, each consisting of no more than 12 questions without subparts, and three document requests.
This limitation on discovery is intended to streamline the arbitration process and control costs. However, the arbitrator has the authority to further limit discovery if they deem it necessary, ensuring that the process remains fair to both parties. This means that a franchisee might have less access to information compared to a standard court case.
For a prospective Degree Wellness franchisee, these limitations on discovery during arbitration highlight the importance of gathering as much information as possible before entering into a dispute. It also emphasizes the need to carefully consider the implications of agreeing to arbitration, where the scope of discovery may be significantly restricted compared to traditional litigation.