CONFIDENTIALITY IN MEDIATION AND ARBITRATION
INTRODUCTION With rise in number of disputes and litigations the burden of courts has eventually increased and there has been a growing trend among people to settle their matters outside the court. In desire of speedy trials and easy resolution of their matter the parties in dispute have these days started opting for Alternate Dispute Resolution (ADR) mechanisms like arbitration and mediation. Even though there are some differences between these two different modes of ADR but primarily in both the proceedings there is a neutral third party who tries to bring the two parties in dispute to a settlement through discussions. Apart from many other benefits, confidentiality of such proceedings is the biggest incentive that motivates the parties to opt for them. NEED FOR CONFIDENTIALITY In order to bring the parties in dispute to an amicable settlement the first requirement is that they should feel safe to discuss their matter in entirety and without hesitation. It is, therefore, nec...