What aspects of the mediation process are considered confidential in disputes with Hck Hot Chicken?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
The entire mediation process shall be confidential and the conduct, statements, promises, offers, views and opinions of the mediator and the parties shall not be discoverable or admissible in any legal proceeding for any purpose except as required by Applicable Law, including required disclosure in Franchisor's franchise disclosure document, and provided, however, that evidence which is otherwise discoverable or admissible shall not be excluded from discovery or admission as a result of its use in the mediation.
Source: Item 23 — RECEIPTS (FDD pages 55–245)
What This Means (2025 FDD)
According to the 2025 FDD, Hck Hot Chicken requires that the entire mediation process be kept confidential. This means that the conduct, statements, promises, offers, views, and opinions of both the mediator and the parties involved (Hck Hot Chicken and the franchisee) are not discoverable or admissible in any legal proceeding.
This confidentiality provision aims to encourage open and honest communication during mediation, without fear that anything said or done during the process will be used against either party in future litigation. The only exception to this confidentiality is if disclosure is required by applicable law, such as mandatory disclosures in Hck Hot Chicken's franchise disclosure document.
However, the FDD clarifies that any evidence that is otherwise discoverable or admissible does not become excluded simply because it was used during the mediation. This ensures that parties cannot hide existing evidence by presenting it during mediation. For a prospective franchisee, this means they can feel secure that the mediation process is confidential, but they should also be aware that pre-existing evidence remains discoverable.