FAQ > Alternative Dispute Resolution Q&A > Why are ADR processes confidential?

A basic tenet of ADR requires that participants be assured of confidentiality for ADR to be effective. ADR necessitates confidentiality because participants will often need to disclose facts, proprietary information, trade or business secrets, and information about administrative workings in order to facilitate a settlement. Parties are not compelled by litigation rules to disclose such information; instead, parties should be encouraged by a confidential mediation setting to disclose information that will permit them to work cooperatively toward a desirable settlement.