Mediation: are the proceedings really confidential?
Article Abstract:
Mediation differs from arbitration in that the mediator does not hear formal evidence or issue rulings. Since this process cannot work very well without confidentiality, written confidentiality agreements are almost always used, and some states as well as the Federal Rules of Evidence have laws protecting the confidentiality of the process. Although Federal Rule of Evidence 408 does give an exception to the confidentiality rule, the laws favoring the privilege, quasi-judicial immunity as well as general public policy provide enough assurance that the confidentiality of mediation will be upheld.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1992
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Protective orders and confidentiality agreements: a drafter's guide
Article Abstract:
Protective orders and confidentiality agreements should be drafted carefully by attorneys representing clients involved in litigation surrounding trade secrets and other sensitive material. A move towards greater public access to information threatens many of the standards previously set for protecting sensitive information that may arise in litigation. Sample forms used in seeking protective orders and confidentiality agreements are included, and strategies for combatting attempts to have sensitive information made public are dsicussed.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1995
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Arbitration: intended and twisted practice in reinsurance
Article Abstract:
Non-life insurance companies widely utilize arbitration agreements in their transactions among one another especially when reinsuring their portfolios. Fundamental to these transactions is that the participants disclose all relevant facts while maintaining scrupulous records of their dealings. A three person arbitration panel must be chosen with the utmost care since the panel's decision is binding.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1998
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