Table of ContentsIntroductionPrivacyEthicsPrivilegeConclusionThis essay seeks to discuss some of the ethical issues that practitioners of dispute resolution processes must consider to avoid pitfalls impartiality. The essay will examine the three key considerations of confidentiality, privilege and ethics. The essay will then conclude with the examination of some decisive cases. Arbitration is a usually (but not always) private adjudication process in which the disputing parties choose the decision-makers (sometimes one, often a panel of three) and the rules of procedure, evidence and decision by which their dispute will be decided. ruler. be decided. Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”?Get the original essayIntroductionArbitration, as an alternative dispute resolution (ADR) mechanism, is used when an agreement cannot be reached , essentially to refine the questions under discussion. Arbitration has been the subject of much criticism in recent years, with scholars and practitioners shedding light on how various legal, ethical, jurisprudential and sociological issues appeal to the arbitration process, especially as the Arbitration is derived from its primary historical form. as a method of consensual dispute resolution between commercial parties recurring to contractually mandated forms of decision-making in the event of disputes. These disputes range from consumers, to banks, to hospitals, to schools, to employers, to airlines, to securities sellers, and to merchants of all sizes and shapes. These multiple variants and forms of arbitration in increasingly diverse contexts raise very important questions in terms of equity, justice and ethics. of the functioning of arbitration processes. There seems to be an “inaudible voice” that invariably sparks debate about the ethics of arbitration, both in formal regulation and in other forces capable of influencing the behavior of lawyers. Arbitration as an Alternative Dispute Resolution (ADR) mechanism must be formulated in some form of rules, procedures, transparency, disclosure, sanctions and consequences if it is to be considered under a certain angle of impartiality. It is these factors that give arbitration legal legitimacy as an effective alternative to the judicial settlement process. Confidentiality Primarily, practitioners of ADR processes like arbitration are required to act in good faith at all times and maintaining confidentiality is a key aspect of acting in good faith. . Confidentiality means that which is confidential both between the parties and between the parties and the arbitration practitioner. Confidentiality generally means keeping all discussions private and secret; the content of the disclosed documents which will not be used as evidence; and information provided during the ADR process. Confidentiality is primarily the contractual right and obligation, express or implied, under the arbitration agreement, augmented by common law, equity and statute. In fact, when deciding whether or not to resort to arbitration, one of the questions most often considered is that of effectiveness. resulting from speed and low cost. However, many parties often cite confidentiality as the primary decision-making factor. For example, in intellectual property and high technology cases, as well as in some more personal sexual indiscretion cases, the parties are more eager to resolvedisputes without the public being able to peek into the details of a trade secret, proposed business plan, or confidential fact. .Maintaining confidentiality encourages meaningful participation and improves successful outcomes. Respect for confidentiality is often considered to encourage full and frank discussion between the parties about the issues in dispute, which can contribute to the resolution of problems. A practitioner has an ethical obligation not to disclose information obtained during a private session unless clearly instructed to do so by a party or when disclosure is otherwise required by law. In other words, anything said or done during the arbitration cannot be admitted as evidence in a hearing in a court or tribunal unless the parties to the arbitration agree. Indeed, an arbitration agreement will bind the parties as well as the neutral third party designated thereunder. In general, courts will support confidentiality except where necessary in the interests of justice for evidence to be provided.EthicsConsent is the driving force in arbitration, and it has often been asserted that it is incorrect and unethical to impose arbitration. clauses to those who have not voluntarily submitted to the process. As a result, lawyers and sometimes judges who attempt to force disputing parties to comply with terms to which they knowingly did not comply are held accountable for unethical and inappropriate behavior. In fact, many commercial contracts now require or strongly recommend that parties go to arbitration before allowing a case to be placed on the trial docket. This makes perfect sense, because if the parties don't like what happened in arbitration, they are usually entitled to a trial de novo. Furthermore, there is debate over whether or not there is a conflict of interest in the arbitration role where arbitrators are selected by the parties and therefore must sufficiently impress the parties who choose them to be chosen again, especially if the arbitrator works full time and depends exclusively on arbitration for income. Conflict of interest is another ethical issue that arbitrators should be wary of. In particular, the arbitration practitioner is expected to disclose all relationships he or she has had with the parties to the arbitration. One area that a practitioner must be careful of is the temptation to have ex parte communications with either party to the arbitration. Although it is not advisable to arbitrarily appoint arbitrators repeatedly, some arbitrators are regular players for the very reason that they have extensive experience in the issues in dispute. PrivilegePrivilege in arbitration means that while the statements are made without prejudice, their contents cannot be entered into evidence without the consent of all parties involved. In litigation, the privilege will often relate to an offer of compromise or a letter without privilege, except as to costs. However, it is completely normal for some settlement discussions to be recorded and others not to be recorded and in this case, part of the discussion will be privileged but the rest will not. The principle of non-privilege is based on the fact that parties should be encouraged, as far as possible, to resolve their differences without recourse to legal proceedings and should not be discouraged in their negotiations knowing that whatever is said during these negotiations may be used to their detriment in legal proceedings. A court may decide to admit or.