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Horizons: Conversations About Future Directions in Dispute Resolution

Friday, January 30,  2015
8:30 AM – 4:00 PM | TBD

 

132 – Confidentiality

Christoph Henkel, The Work-Product Doctrine as a Means Toward a Judicially Enforceable Duty of Confidentiality in International Commercial Arbitration, 37 N.C.J. Int’l L. & Com. Reg. 1059 (2012).
This article discusses the idea of confidentiality in arbitration. The author discusses the use of work-product doctrine as a way to help make disclosure in arbitration more predictable.
{44} ARBITRATION—GENERAL
{87} SUBJ MATTER: GOV’T
{132} CONFIDENTIALITY
 
Susan Oberman, Confidentiality in Mediation: An Application of the Right to Privacy, 27 Ohio St. J. on Disp. Resol. 539 (2012).
This article locates the roots of confidentiality in mediation in the right to privacy. This article seeks to bring recognition to both the value and precariousness of confidentiality as an application of the right to privacy, while also exploring some complexities surround the decision to maintain it.
{21} MEDIATION—GENERAL
{102} SUBJ MATTER: PUBLIC POLICY
{132} CONFIDENTIALITY

Stephanie Rubstello, Comment, Predictable Protection for Mediated Pendent State Claims: A Judicial Solution, 90 Or. L. Rev. 855 (2012).
In order for mediation to be a valuable solution to litigation, courts must provide privilege protections to the parties involved.  This article opens by discussing privilege law. It then addresses some of the privilege laws already in place in the context of mediation. The author concludes by pointing to judicial solutions for privilege issues in mediation.
{21} MEDIATION—GENERAL
{132} CONFIDENTIALITY