Beyond Intractability: A Free Knowledge Base on More Constructive Approaches to Destructive Conflict
Confidentiality
By
July 2008
Essay forthcoming
Use the following to cite this article: "Confidentiality." Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Research Consortium, University of Colorado, Boulder. Posted: July 2008 <http://www.beyondintractability.org/essay/confidentiality/>.
Sources of Additional, In-depth Information on this Topic
Additional Explanations of the Underlying Concepts:
This article discusses recent decisions that challenge the confidentiality of mediation proceedings and agreements.
Offline (Print) Sources
Reuben, Richard C. and Nancy H. Rogers. "Choppy Waters for a Movement Toward Uniform Confidentiality Privilege." Dispute Resolution Magazine 5:2, 1998.
Dolido, Edward. "Confidentiality During and After Arbitration." ADR Currents , December 1, 1999. This article briefly discusses general confidentiality principles in arbitration and litigation, identifies some mechanisms that might help promote confidentiality in arbitration, and lays out an argument, in reliance on some of the meager precedents that do exist, for maintaining confidentiality when an arbitration award becomes the subject of litigation.
Baker, P. Jean. "Dispelling the Myths About Public Sector Mediation and Confidentiality." ADR Currents , June 1, 2000. The author discusses the limited confidentiality protections under the Administrative Dispute Resolution Act, dispelling the myth that all communications made in mediation involving the public sector will be given confidential treatment. Also discussed is the interplay between the ADRA and the Freedom of Information Act, and the impact of other federal statutes on the confidentiality issue.
Bok, Sissela. Secrets: on the Ethics of Concealment and Revelation. New York: Pantheon, 1982. This book explores the ethical issues raised by confidentiality and secrecy in our careers and personal lives.
How Did You Deal With Issues of Confidentiality During Your Casework?. CRInfo. Available at:http://www.colorado.edu/conflict/civil_rights/topics/2200.html. During the past 35 years, Community Relations Service (CRS) mediators and conciliators have responded to thousands of volatile civil rights disputes, including virtually every major racial and ethnic conflict that occurred in the USA during this time period. This site shares how seventeen CRS mediators dealt with confidentiality issues.
This article details conclusions drawn by a university ombudsman. The focus is on what kinds of criteria the courts rely on in evaluating ombudspeople's assertions that they should be protected from testifying and/or providing their records. The author aims to help the ombudspeople and the attorneys who might face the task of defending "The Ombuds Confidentiality Privilege."
Offline (Print) Sources
Gorlin, Rena. Codes of Professional Responsibility, 2nd Edition. Washington, D.C.: Bureau of National Affairs Books, January 1990. This book gives the official ethical codes of organizations in several different fields.
The Strange Demise of Jim Crow . Directed and/or Produced by: Berman, David. California Newsreel. 1998. This film considers why civil rights supporters, and detractors, keep some information concerning the negotiation process confidential, and out of the press. Click here for more info.
The Beyond Intractability Knowledge Base Project Guy Burgess and Heidi Burgess, Co-Directors and Editors c/o Conflict Information Consortium(Formerly Conflict Research Consortium), University of Colorado Campus Box 580, Boulder, CO 80309 Phone: (303) 492-1635; Fax: (303) 492-2154; Contact
