与ADR相关的保密制度探讨

与ADR相关的保密制度在结构上包括需保密的对象和保密义务的承担者两方面,其渊源包括要求保密的法律或规则以及当事人间的保密条款,要求ADR程序参与者或当事人彼此对包括意愿、建议、陈述或承认等在内的所有的在程序中透露的信息进行保密,但是,如果当事人同意、法律要求或者为实施或强制执行调解协议也可以或不得对部分信息保密,即存在保密例外

A Probe into the Institution of Confidentiality Related to ADR

The confidentiality institution related to ADR consists of the objects that are in confidence and those who bear the responsibility of confidentiality. Its legal resources range from confidentiality laws and regulations to confidentiality stipulations made by relevant parties. Any and all participants of ADR or related parties are required not to disclose any information contained in the process, including intentions, proposals, statements or admittances. However, if agreed by the parties, required by law or for the purpose of execution or enforcement of any settlement arrangement, some information may or will fall outside the area of confidentiality, i.e. there are exceptions.