What discovery rights do parties have in a Kitchen Solvers arbitration?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.2.5 The arbitrator shall have subpoena powers limited only by the laws of the State of Wisconsin. The parties ask that the arbitrator limit discovery to the greatest extent possible consistent with basic fairness in order to minimize the time and expense of arbitration. The parties to the dispute shall otherwise have the same discovery rights as are available in civil actions under the laws of the State of Wisconsin. All other procedural matters shall be determined by applying the statutory, common laws, and rules of procedure that control a court of competent jurisdiction in the State of Wisconsin.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, parties involved in a dispute have the same discovery rights as those available in civil actions under Wisconsin law. The arbitrator has subpoena powers limited only by Wisconsin law. Kitchen Solvers and the franchisee agree that the arbitrator should limit discovery as much as possible while maintaining basic fairness, to reduce the time and expense of the arbitration. All other procedural matters will be determined by applying the statutory and common laws, and rules of procedure that control a court of competent jurisdiction in Wisconsin.
This means that a Kitchen Solvers franchisee can obtain documents and testimony from the other party and third parties, similar to a court case. However, Kitchen Solvers wants to limit the scope of discovery to save time and money. The arbitrator will ultimately decide what discovery is allowed, balancing the need for information with the goal of efficiency.
This clause is important for prospective Kitchen Solvers franchisees to understand, as it outlines the process for resolving disputes with the franchisor. While arbitration is intended to be a faster and less expensive alternative to litigation, the extent of discovery can significantly impact both the time and cost involved. Franchisees should be aware of their rights to obtain information and be prepared to argue for the necessary discovery to support their case, while also being mindful of the potential for increased expenses if discovery is extensive.