ABSTRACT
One of the hallmarks of dispute resolution is that the process is confidential. This most commonly means that no party will be able to use information disclosed in a dispute resolution process in subsequent court proceedings. When dealing with confidentiality and dispute resolution processes one should ask the following questions: • What information is the subject of confidentiality? • What is the purpose for which information is said to be confidential? • Which party or parties are able to assert confidentiality? • Against which party or parties can confidentiality be asserted? When drafting confidentiality agreements draftsmen should identify the answers to the above questions and ensure that the agreement adequately addresses those answers. In all questions of whether a court should admit into evidence communications which may be confidential or privileged the courts weigh up competing public policies.
