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- Title
The Need for Confidentiality in Evaluative Processes: Arbitration and Med/Arb in Family Law Cases.
- Authors
Elrod, Linda D.
- Abstract
Arbitration, mediation/arbitration and arbitration/mediation allow parties to resolve their disputes usually more expeditiously, privately and with less cost than going to court. While confidentiality is seen as essential to the mediation process and often included in statutes, confidentiality seems less essential to a more adversarial process. Confidentiality provisions rest at the intersection between privacy and self‐determination and the protection of vulnerable parties in family law disputes. This article explores the importance of confidentiality clauses in drafting arbitration and med/arb or arb/med agreements. Key Points for the Family Court Community: Lawyers need to anticipate the need for certain information to remain private.Most legislation does not include confidentiality protections for arbitration, med/arb or arb/medConfidentiality clauses should be carefully drafted to meet the privacy needs of the parties.If confidentiality clauses have not been drafted carefully, it may be possible to get an order of protection for material the parties wish to keep confidential.
- Subjects
CONFIDENTIAL communications; DOMESTIC relations; ARBITRATION &; award; CLAUSES (Law); CONFLICT management
- Publication
Family Court Review, 2020, Vol 58, Issue 1, p26
- ISSN
1531-2445
- Publication type
Article
- DOI
10.1111/fcre.12454