Posts

Showing posts with the label mediation confidentiality
Image
11/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, Confidentiality in Mediation, Part 1: The Analytical  Framework In an earlier post , analyzing party control over process choices, I talked about confidentiality in mediation.  I said:  This topic has  confounded many organizations trying to set guidelines for confidentiality in mediation.  In 2001, the National Conference on Uniform State Laws in the U.S. produced the  Uniform Mediation Act  after many drafting sessions occurring over several years.  A large part of the draft law applies to confidentiality.   After a lapse of 22 years, only  twelve  states have adopted it.  Instead, other states rely on their own laws governing mediator confidentiality. Similarly, various iterations of rules governing confidentiality exist all over the world.  Accordingly, to create some structure to the analysis, I am providing this discussion covering: What are the breakdowns in the process that lead to a desire to breach mediation confident