Originally from Dispute Resolution Journal

Confidentiality remains a high priority for many parties to disputes. Arbitration offers much greater privacy than civil litigation, but the parties must remain aware of the limits of confidentiality, such as having to produce one's records. The challenge for a proponent in an arbitration is to piece together a wide variety of facts-some of which rust be obtained through discovery- to prove the case. This article is a portion of a chapter in a book soon to be published by the American Arbitration Association, entitled, ADR: A Practical Guide to Resolve Construction Disputes (edited by Randall W. Wulff, Alan E. Harris and Charles M. Sink).