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Are The Arbitration Proceedings Completely Confidential?

Arbitration hearings, unlike trials, are not open to the public. Everything discussed is done so in private and, in the context of the hearing, is confidential. Any matters disclosed during the arbitration are generally not discoverable in future proceedings. This means that anything said during an arbitration can not be used either for or against one of the parties if the dispute ends up in court. The reason for this is that the parties are likely to be more forthcoming with offers of settlement in an arbitration if they need not worry about having "something used against them" in court later on.

Other Arbitration FAQs

Q: What Is Arbitration?
A: Arbitration is referral of a dispute to one or more impartial persons (nonparties) for final and binding determination (resolution). When the decision is binding, … More
Q: Why Use Arbitration Instead Of Going To Court ("litigation")?
A: The American Bar Association estimates that as many as 100 million Americans are shut out of the legal system due to the high cost of justice. In a 1999 survey, the … More
Q: How Do You Apply For Arbitration?
A: Typically, to begin an arbitration, one party completes an arbitration claim form, files it with the arbitration administrator and pays and a filing fee, if any. The … More
Q: What Is "Med-Arb" And Why Use It?
A: "MedArb," short for "mediationarbitration," is a twostep dispute resolution process that borrows from both methods of dispute resolution. Parties … More
Q: Are There Different Forms Of Arbitration? What Are The Differences?
A: Arbitration can be either binding or nonbinding. Binding arbitration is final and generally the outcome cannot be appealed. Nonbinding arbitration is … More
Q: How Does The Arbitration Process Generally Work?
A: The arbitrator initiates the hearing by swearing in the parties and witnesses who will testify. The parties then give opening arguments and present both documentary … More
Q: How Is The Arbitrator Selected For The Proceeding?
A: Under the rules of the American Arbitration Association, arbitrators are selected by having each side strike (remove) any unacceptable arbitrators from a list of … More
Q: What Is The Aaa?
A: The American Arbitration Association is a private, nonprofit organization that provides guidance and rules for parties to follow in private arbitrations. It also … More
Q: Can You Choose Your Own Arbitrator Instead Of Going To The Aaa?
A: Parties who choose to find their own arbitrator rather than using the services of organizations like the AAA or the National Academy of Arbitration (NAA) can use … More

Alternative Dispute Resolution Sub-categories

Mediation