Dispute Settlement Counsel

Posts Tagged ‘Confidentiality’

Part VI. The Sovereignty of the Client

First, for those of you following this series of blog entries closely enough to notice that we skipped a topic – Confidentiality – good work in attentiveness. That’s a great skill for an ADR practitioner or a user to have.

Another is the insight to recognize the need to “call an audible” (a football reference), or step out of the pre-arranged order of things because the situation calls for it. To be adept at creating the type of “thinking outside the box” solutions that can be done in ADR processes is also a key dispute resolution skill. This blog exemplifies these traits.   Read the rest of this entry »

Part V.   Confidentiality

When you file a lawsuit in a court, the lawsuit and information related to it become public information.  Most courts today either utilize electronic filing or will be soon.  You may not think about it or realize it, but this means anyone can go online and find out about your dispute.

Most of the time, parties involved in a dispute would prefer that the fact that they are involved in a conflict as well as its details remain a private matter.  This is especially true of disputes that involve delicate or personal matters, like divorces, probate cases or business disputes between and within families.  But it is also important in cases involving “mission-based organizations” – churches, hospitals, schools and colleges, non-profits, social capitalism enterprises, foundations, green companies, etc. — for whom reputations and confidentiality are important.   Read the rest of this entry »