How is the issue of confidentiality treated in a private judging system?

Confidentiality is an important issue in Alternative Dispute Resolution (ADR) law in South Carolina. Private judging is a form of ADR in which a neutral third-party expert hears and rules on the case. This is done through an arrangement with the parties, typically contracted through an ADR provider. Confidentiality is typically handled in a contract that the parties sign. This contract outlines how the parties and their representatives will handle confidential information. Generally, the contents of the dispute (including negotiation materials, documents, and testimony) as well as the results of any hearings or proceedings are confidential and can not be disclosed to anyone outside of the parties involved in the settlement. Additionally, the private judge is bound by obligation to keep the discussions and proceedings confidential. This allows parties to settle disputes without the fear of information being publicly disclosed. In addition to the contract, the South Carolina Uniform Arbitration Act also outlines confidentiality in the state. This act outlines specific provisions that protect the confidential nature of the proceedings and decisions, except in cases of criminal activity or fraud. Overall, confidentiality is a key issue in private judging systems, and is handled through a combination of contract law and state legislation in South Carolina. This allows parties to resolve their disputes without fear of confidential information being made public.

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