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MassArbitration
Arbitration Procedure

Confidentiality Provision

A term restricting disclosure of proceedings, evidence, or outcomes.

Confidentiality is defensible as a mutual protection and problematic when it operates only in the drafter's favour — preventing claimants from learning how comparable claims were resolved while the respondent accumulates the full picture. Confidential bellwether proceedings that bind non-participants combine both concerns and have drawn the sharpest judicial criticism.

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