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2015 (EN)
Confidentiality of mediation proceedings

Moma, Christina Matina

Writing a dissertation definitely helped me learn more about a particular aspect of law in depth and enhance my ability to develop and make a cogent argument, research efficiently and comprehensively, and write for a legal audience. This paper of mine demonstrates a solid understanding of the topic “Confidentiality of mediation proceedings”. It includes an introduction to definitions of alternative dispute resolution mechanisms and especially examination of basic arbitration and mediation characteristics so as some to be familiarized with these concepts. Then follows a comparison between these two forms of conflict resolution identifying their differences, in order to be more sufficiently understood, concluding to their similar fundamental characteristic, which is the principle of confidentiality. Subsequently, there is an extensive reference to the principle in mediation in general, analyzing and focusing on certain national laws, since as a principle is uniformly applicable but there are differences in particular legal issues among national laws. Through case law and the evaluation of the existing literature I will try to cite the whole concept of this principle, explain and criticize it convincingly, concluding whether it should be ensured or not. Primarily, I have to stress out that such methods of alternative dispute resolution are not commonly used in my country, Greece, and this was the main reason which urged me to choose a dissertation topic on mediation. I would like to examine this special element of mediation, so as to promote in a way this mechanism and convince, as far as I can, some to prefer it for conflict resolution instead of resorting to national courts. Many views have been offered in the academic literature to explain the notion of confidentiality in alternative conflict resolution methods and especially in mediation. Two are in brief the dominant theories of the above notion in the mediation process; the first view supports that the principle of confidentiality should not be preserved after a decision made, so as that decision to be available to the public and thus contribute in moving towards a more legitimate system. On the other hand, it is - 5 - supported that confidentiality in mediation proceedings should be ensured during and after the procedure, because it is the basic characteristic that attracts participants to solve their dispute with this particular mechanism; even more, it is the only way to protect their interests/business and trade secrets. Consequently, the above topic emerges out of issues of practice and not just of a theoretical interest


Dissertations, Academic
Confidential communications
Dispute resolution (Law)



School of Economic and Business Administration,LL.M in Transnational and European Commercial Law and Alternative Dispute resolutions

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