The Need for Confidentiality in Evaluative Processes: Arbitration and Med/Arb in Family Law Cases

Family Court Review, Vol. 58, No. 1, 2020

Posted: 20 Dec 2021

Date Written: January 2020

Abstract

Arbitration, mediation/arbitration and arbitration/mediation allow parties to resolve their disputes usually more expeditiously, privately and with less cost than going to court. While confidentiality is seen as essential to the mediation process and often included in statutes, confidentiality seems less essential to a more adversarial process. Confidentiality provisions rest at the intersection between privacy and self-determination and the protection of vulnerable parties in family law disputes. This article explores the importance of confidentiality clauses in drafting arbitration and med/arb or arb/med agreements.

Read full text at https://doi.org/10.1111/fcre.12454

Suggested Citation

Elrod, Linda D. Henry, The Need for Confidentiality in Evaluative Processes: Arbitration and Med/Arb in Family Law Cases (January 2020). Family Court Review, Vol. 58, No. 1, 2020, Available at SSRN: https://ssrn.com/abstract=3950569

Linda D. Henry Elrod (Contact Author)

Washburn University - School of Law ( email )

1700 College Avenue
Topeka, KS 66621
United States
(785) 231-1010 x1838 (Phone)
(785) 231-1037 (Fax)

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