In the realm of private Divorce Mediation/Arbitration, confidentiality is a critical cornerstone. It provides disputing spouses a discreet forum for dispute resolution. However, this confidentiality can be jeopardized when public courts become involved in the aftermath of arbitration. The quest for transparency and the right to appeal decisions may inadvertently compromise the confidentiality integral to the arbitration process.
Divorce Mediation/Arbitration, designed to be a private and conclusive alternative to traditional court proceedings, grants parties the ability to select their decision-maker and address matters away from public scrutiny. This privacy is often a compelling factor for disputing spouses. However, the delicate balance of maintaining confidentiality comes under threat when public courts handle challenges to arbitration awards.
A significant concern arises when court decisions upholding or rejecting arbitration awards divulge sensitive information. The names of spouses and children involved can become identifiable, the nature of the dispute may be revealed, and even the arbitrator’s identity may be disclosed. Once materials reach the courts, the open-courts principle generally applies and confidentiality from private ADR is not absolute; sealing or redaction orders must be sought and are not guaranteed.
While it is customary for court decisions to name judges, arbitrators often find themselves publicly identified as well, leading to potential reputational risks.
The loss of confidentiality can occur regardless of whether the arbitration award is upheld or set aside. Even if the award stands, the public exposure can compromise the confidential dispute resolution process.
In considering solutions, spouses contracting with arbitrators should be mindful of preserving confidentiality. Efforts to limit what is filed in court and to narrow the scope of appeals where permitted by law can help, as can seeking anonymization, sealing, or redaction orders when justified.
In conclusion, the challenge lies in finding a balance between the transparency sought by public courts and the confidentiality essential to private Divorce Mediation/Arbitration. As the legal landscape evolves, careful consideration—and targeted adjustments to the arbitration process and court filings—may be necessary to uphold the sanctity of confidentiality in this dispute resolution process.
Share this article on: