Abstract

This article discusses the conflict between transparency and confidentiality and how it impacts the Alternative Dispute Resolution (ADR) processes, such as mediation and arbitration. While transparency promotes the openness and accountability whereas confidentiality safeguards sensitive information, condor, and fosters open communication. However, confidentiality can also create a lack of transparency, which can lead to concerns about fairness and legitimacy. Therefore, to balancing the transparency and confidentiality is crucial in ADR processes. The discussion suggests establishing clear ground rules and agreements, involving parties in decision making processes, using appropriate tools like redaction and anonymization, and providing ongoing education and training to arbitrators to navigate the tension between transparency and confidentiality. The article also advocates the significance of transparency in contemporary ADR regimes, and aspects of confidentiality including voluntary confidentiality, legal confidentiality, confidentiality agreements, and confidentiality safeguards.

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