Can evidence that is otherwise discoverable be excluded from discovery or admission as a result of its use in the mediation of a Dog Haus dispute?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
15.2.3 Except as required by Applicable Law, including the required disclosure in Franchisor's franchise disclosure document, the entire arbitration proceedings and related documents are confidential. These matters will not be discoverable or admissible for any purposes, including impeachment, in any litigation or other proceeding involving the Parties, and will not be disclosed to anyone who is not an agent, employee, expert witness, or representative for any of the Parties; however, evidence otherwise discoverable or admissible is not excluded from discovery or admission as a result of its use in the arbitration.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, evidence that is otherwise discoverable or admissible is not excluded from discovery or admission as a result of its use in the arbitration. This means that even if certain information or documents are used during arbitration proceedings, they can still be used as evidence in other legal proceedings if they were originally obtainable through standard discovery processes.
This provision ensures that parties cannot shield otherwise accessible evidence simply by presenting it during arbitration. It promotes transparency and prevents either party from suppressing relevant information.
For a prospective Dog Haus franchisee, this clause means that any documents or information they possess or can obtain through legal means can be used in a dispute, regardless of whether it was presented during arbitration. This protects their ability to build a case and ensures that all relevant evidence can be considered.