Nijat Marif Jafarov
Baku State University
THE PRINCIPLE OF CONFIDENTIALITY IN MEDIATION AND “RIGHT TO PRIVACY”
Confidentiality is an innate principle of mediation, by which it is understood that all information generated during the process is protected and its disclosure cannot cause negative or damaging effects on the parties. This principle is present in mediation mainly to give security to the parties, who, knowing that what is dealt with in the process is protected by confidentiality, approach an arrangement with greater freedom and security that everything that is discussed.
Although mediation is advertised as protecting the privacy of the parties, the exploration of the underpinnings of confidentiality in the right to privacy is sorely neglected. If most parties prefer keeping everything said in mediation private, then mediation offers a rare opportunity to exercise the right to privacy. Parties may assert their right to privacy in mediation in relation to both the government, and, within limits, other citizens. This article will discuss the confidentiality principle of mediation as an application of the right to privacy.
Key words: alternative dispute resolution, mediation, confidentiality, right to privacy
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