THE POSITION OF DUTY OF CONFIDENTIALITY IN ALTERNATIVE DISPUTE RESOLUT
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Confidentiality has been regarded as an essential attribute of ADR over court system. However; there is no uniform treatment among countries on the position of duty of confidentiality in ADR process. Ethiopian ADR laws are silent on the position of duty of confidentiality in ADR process, but the finding of this research shows that the legal sources, scopes, to whom the duty of confidentiality extend, exceptions of the duty of confidentiality in ADR process are uncertain and also the consequences of breaching the duty of confidentiality in ADR process are also debatable. Therefore, the parliame...
Confidentiality has been regarded as an essential attribute of ADR over court system. However; there is no uniform treatment among countries on the position of duty of confidentiality in ADR process. Ethiopian ADR laws are silent on the position of duty of confidentiality in ADR process, but the finding of this research shows that the legal sources, scopes, to whom the duty of confidentiality extend, exceptions of the duty of confidentiality in ADR process are uncertain and also the consequences of breaching the duty of confidentiality in ADR process are also debatable. Therefore, the parliament should enact new ADR law by taking New Zealand arbitration act, WIPO mediation and arbitration rule as a bench mark in order to adders the sources, scope, application and exceptions of duty of confidentiality in ADR process. Until new ADR law is enacted, parties or ADR tribunal are advised to clearly provide the position of duty of confidentiality in ADR process through confidentiality contract.
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