Confidentiality In Mediation And Arbitration

Anjali Lakhwani, BBA LLB, Amity University, Chhattisgarh

Tanisha Jaggi, BBA LLB, Amity University, Chhattisgarh

ABSTRACT

Maintaining confidentiality is critical to the mediation process and reaching an agreement. Both parties must feel comfortable disclosing sensitive information in order to determine how to best meet their respective needs and interests for the session to be fruitful. This is true not only during sessions with all parties present, but also during any private caucuses between the mediator and one or more parties. A mediator will try to encourage openness and candour, especially in private caucuses, because information provided in confidence is often the most helpful in forming a settlement that meets the interests of all parties.

The purpose of this article is to examine the many facets of confidentiality in mediation and the concepts of mediation and arbitration confidentiality. The article describes in detail the numerous parties obligated to observe Confidentiality and the information that can be protected under the Confidentiality Principle. The paper also endeavours to comprehend the Confidentiality protection in other countries and institutional regulations. The author has finally described the circumstances under which the Confidentiality principle may be violated.