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Public Courts Versus Private Justice: It's Time To Let Some Sun Shine In On Alternative Dispute Resolution, Laurie Kratky Dore
Public Courts Versus Private Justice: It's Time To Let Some Sun Shine In On Alternative Dispute Resolution, Laurie Kratky Dore
Chicago-Kent Law Review
In her article, Public Courts versus Private Justice: It's Time to Let Some Sun Shine in on Alternative Dispute Resolution, Professor Laurie Doré explores the divergent attitudes toward confidentiality in litigation and confidentiality in alternative dispute resolution. In adjudicating even seemingly private disputes, a court balances the legitimate need for confidentiality against any countervailing public interest in disclosure. A strong presumption of public access attaches to judicial records and proceedings and good cause must support any protective, sealing, or confidentiality order of a court. Today, however, an increasing number of disputes that would otherwise be litigated before a judge …