While it is true that arbitration is generally private because the public is excluded from the arbitration hearing, it does not follow that the arbitration proceedings remain confidential.
If the dispute involves sensitive information, arbitration provides a confidential setting where details are not disclosed to the public.
During the arbitration hearing, each side lays out their points and presents the evidence they have. But unlike the typical courtroom setting, the procedures are different, and the arbitration proceedings stay confidential.
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Arbitration sessions are open to the public as are most court proceedings. Mediations, however, are private and confidential and are not open to the public. If an arbitration hearing is converted to mediation with the consent of the parties, only the litigants will be allowed to remain in the hearing room.
Arbitrators and mediators also play an important role in protecting personal confidential information. They have a duty to: Keep confidential all information obtained in connection with an arbitration or mediation. Transport and store, of case materials in a manner that preserves the confidentiality of the information.
Often, rules and awards are also available via the arbitral bodies' website. Westlaw's International Arbitration Materials provides access to cases, awards, rules, conventions, legislation, model laws, and more for practicing U.S. lawyers.
Necessary Elements Details of the Parties. Details of the relationship between the parties. Demand for Arbitration. The mention of agreement/contract (if any). The mention of already existing arbitration agreement between the parties pursuant to which the concerned notice of arbitration has been sent (if any).
Founded by the insurance industry in 1943, Arbitration Forums (AF) is a membership-driven, not-for-profit organization that exists to effectively and efficiently serve its over 5,400 members' recovery and resolution needs. AF is the nation's largest arbitration and subrogation services provider.