Can the mediator be called as a witness in any court proceeding related to a dispute with Itan?

According to Itan's 2025 Franchise Disclosure Document, the mediator involved in dispute resolution cannot be called as a witness in any court proceeding. The FDD outlines a dispute resolution process that includes negotiation and mediation before litigation. All negotiations and mediation proceedings are strictly confidential and considered settlement negotiations, making them inadmissible in court or arbitration.

This means that any statements, settlement offers, or discovery conducted during mediation cannot be used as evidence in later legal proceedings. However, evidence that would otherwise be discoverable or admissible is not excluded simply because it was used in mediation. This encourages open and honest communication during mediation without fear that these discussions will be used against either party in court.

The agreement specifies that the mediator cannot be called as a witness in any court proceeding, ensuring their neutrality and protecting the confidentiality of the mediation process. This provision aims to foster a more conducive environment for settlement, as parties can be more forthcoming without worrying about the mediator's testimony in future litigation. Franchisees should understand that while mediation is a required step, the mediator's role is strictly limited to facilitating a resolution and does not extend to providing testimony in court.