CONFIDENTIALITY IN MEDIATION: A CORNERSTONE WITH CRACKS?

Authors

  • Dr. Apoorva Dixit, Dr. Deevanshu Shrivastava Author

Abstract

Confidentiality is a cornerstone of successful mediation. It allows parties to freely discuss sensitive information, explore weaknesses, and make concessions without fear of public disclosure. However, the concept of absolute confidentiality is not without its challenges. This paper explores the key issues surrounding confidentiality in mediation, including:

  • The benefits of confidentiality for promoting open communication and fostering a settlement-oriented environment.
  • The limitations of confidentiality, such as potential for abuse, lack of transparency, and challenges in enforcing confidentiality agreements.
  • The ethical dilemmas faced by mediators in balancing confidentiality with competing interests, such as legal obligations or public safety concerns.

The paper will also analyze legal frameworks for upholding confidentiality in mediation across different jurisdictions and discuss potential solutions for addressing the limitations of confidentiality while preserving its core benefits.

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Published

2024-05-20

Issue

Vol. 6 No. 1 (2024)

Section

Articles