What information learned during Kitchen Solvers mediation must the mediator keep confidential?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
The mediator must keep confidential all information learned unless specifically authorized by the party from which the information was obtained to disclose the information to the other party.
The parties commit to participate in the proceedings in good faith with the intention of resolving the dispute if at all possible.
- i.
Termination of Procedure.
The parties agree to participate in the mediation procedure to its conclusion, as set forth in this section.
The mediation may be concluded (1) by the signing of a settlement agreement by the parties, (2) by the mediator's declaration that the mediation is terminated, or (3) by a written declaration of either party, no earlier than at the conclusion of a full day's mediation, that the mediation is terminated.
Even if the mediation is terminated without resolving the dispute, the parties agree not to terminate negotiations and not to begin any arbitration or legal action or seek another remedy before the expiration of five (5) days following the mediation.
A party may begin arbitration within this period only if the arbitration might otherwise be barred by an applicable statute of limitations or in order to request an injunction from a Court of competent jurisdiction to prevent irreparable harm.
- j.
Fees of Mediator; Disqualification.
The fees and expenses of the mediator must be shared equally by the parties.
The mediator may not later serve as a witness, consultant, expert or counsel for any party with respect to the dispute or any related or similar matter in which either of the parties is involved.
- k.
Confidentiality.
The mediation procedure is a compromise negotiation or settlement discussion for purposes of federal and state rules of evidence.
The parties agree that no stenographic, visual or audio record of the proceedings may be made.
Any conduct, statement, promise, offer, view or opinion, whether oral or written, made in the course of the mediation by the parties, their agents or employees, or the mediator is confidential and shall be treated as privileged.
No conduct, statement, promise, offer, view or opinion made
in the mediation procedure is discoverable or admissible in evidence for any purpose, not even impeachment, in any proceeding involving either of the parties. However, evidence that would otherwise be discoverable or admissible will not be excluded from discovery or made inadmissible simply because of its use in the mediation.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the mediator must keep confidential all information learned during mediation unless specifically authorized by the party who provided the information to disclose it to the other party. This ensures that parties can freely share information during mediation without fear of it being used against them later, fostering a more open and honest negotiation environment.
Additionally, the FDD states that any conduct, statement, promise, offer, view, or opinion, whether oral or written, made during the mediation by the parties, their agents, employees, or the mediator is confidential and privileged. This extends the confidentiality protection beyond just the information learned by the mediator to encompass all aspects of the mediation process. This information is not discoverable or admissible in evidence for any purpose in any proceeding involving either party, even for impeachment purposes.
However, the FDD clarifies that evidence that would otherwise be discoverable or admissible does not become excluded simply because it was used in the mediation. This means that if evidence exists independently of the mediation, it can still be used, even if it was also presented during the mediation. This provision ensures that the confidentiality of the mediation process does not unduly shield relevant information from being used in other proceedings if it is available through other means.