Originally published in the Los Angeles Daily Journal on May 15, 2012

Maintaining a low profile regarding the existence of a dispute, or the issues in that dispute, are often prime motivators for choosing arbitration. As Lucy Dalglish, executive director of the Reporters Committee for Freedom of Press, recently noted: "This is what God made arbitration for". However, wanting confidentiality and accomplishing it are very different things. Lawyers whose clients value maximum confidentiality should be aware of potential "windows" into their private arbitration, and consider how best to close them.