Does the LDR Program protect the confidentiality of information involved in arbitration and mediation proceedings?
Yes. Under LDR Program rules, all arbitration and mediation proceedings are confidential, including information as to the identity of the parties and the fact of their dispute. Consistent with this, Wisconsin Supreme Court Rule 20:8.3 specifically excludes information acquired by an LDR Program mediator or arbitrator from the otherwise applicable requirement that a lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct must inform the appropriate professional authority. Parties to a dispute subject to the Rules thus enjoy greater protection of their confidential information in an LDR Program mediation or arbitration proceeding than they would if the same dispute were to be resolved in civil litigation.
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