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19 Am. J. Trial Advoc. 411 (1995-1996)
Confidentiality in Mediation: The Best Protection Has Exceptions

handle is hein.journals/amjtrad19 and id is 431 raw text is: Confidentiality in Mediation: The Best Protection Has Exceptions [Liet me give you a personal point of view that I think is shared by many people in the courts community: ADR is not just a passing fad. Not only is it here to stay but my expectation is that the public will demand ADR even more in the future as experience with it grows, as law students become more exposed to it, and as the cost and delay of litigation persist.! I. Introduction The cost and delay of settling disputes in our nation's courtrooms are only two of the many reasons why clients should consider using some form of alternative dispute resolution as an effective substitute for litigation.2 The many forms of alternative dispute resolution (ADR) will help relieve congested court dockets, facilitate community involve- ment in resolving parties' own disputes, create a better sense of satisfac- tion among disputants (both winning and losing),3 as well as create 1. Remarks of former Chief Justice Torbert of the Alabama Supreme Court at the winter meeting of the National Association of Attorneys General (Dec. 1989), An Examination of Dispute Resolution Today and Tomorrow, in ATroRNEYs GENERAL ANDi NEW METHODS OF DisPuTE RESOLUTION 11 (Michael G. Cochrane ed., 1990) [hereinafter Cochrane]; see also Remarks of United States Supreme Court Chief Justice Warren E. Burger at the 1984 American Bar Association Mid-Year Meeting: For some disputes, trials will be the only means, but for many claims, trials by the adversarial contest must in time go the way of the ancient trial by battle and blood. Our system is too costly, too painful, too destructive, too inefficient for a truly civilized people. in 52 U.S.L.W. 2471 (Feb. 28, 1984). 2. See, e.g., Judith Meyer, Mediation Works... With the Least Damage Done to the Parties' Egos and Pocketbooks, DISP. RESOL. J., Apr./June 1995, at 44; Frank E.A. Sander, Alternative Methods of Dispute Resolution: An Overview, 37 U. FLA. L. REV. 1, 3 (1985). 3. E.g., STEPHEN B. GOLDBERG ET AL., DIspuTE RESOLUTION 92 (1985); Jack P. Etheridge, Mending Fences: Mediation in the Community, in the Final Report of the 1985 Chief Justice Earl Warren Conference on Advocacy in the United States, sponsored by the Roscoe Pound- American Trial Lawyers Foundation, DIsPUTE RESOLUTION DEVICES IN A DEMOCRATIC SOCIETY 77 (1985); Note, Protecting Confidentiality in Mediation, 98 HARv. L. REv. 441, 444 n.25 (1984).