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Alternative Dispute Resolution

May 16, 2012

Keeping arbitration disputes 'under the radar’

Don't take "private" arbitrations for granted: confidentiality is not required by law. By Hon. Robert A. Baines (Ret.) of JAMS


By Hon. Robert A. Baines(Ret.)


Maintaining a low profile regarding the existence of a dispute, or the issues in that dispute, are often prime motivators for choosing arbitration. As Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, recently noted: "This is what God made arbitration for." However, wanting confidentiality and accomplishing it are very different things. Lawyers whose clients value maximum confidentialit...

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