Archives for October 2014

The Needs of the Many: Confidentiality versus Transparency in Arbitration

One of the major “selling points” of arbitration as an alternative to litigation has always been the confidentiality of the process: Whereas litigation becomes part of the public record, arbitration and other forms of alternative dispute resolution are considered expressions of autonomy: Both parties agree voluntarily to handle their disputes in a certain way.  As a result, privacy is often assumed as arbitration is a private negotiation. [Read more…]