| Commentary

81.6 Privacy and confidentiality

| Commentary

81.6 Privacy and confidentiality

The parties usually agree that the ADR process is to be private and confidential and that all relevant exchanges and materials will be privileged from disclosure in subsequent proceedings. It is open to the parties to agree that even the existence of the ADR process is to be kept confidential. This again stands in contrast to litigation, where the proceedings are generally public.

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