Kathleen M. Scanlon, who wrote this article as an “ADR Counsel In Box,” a series of Alternatives centerfold pullout supplements, is a former CPR senior vice president who is special counsel to New York’s Heller Ehrman White & McAuliffe. She wrote the “Drafter’s Deskbook: Dispute Resolution Clauses,” published by the CPR Institute; the book’s 2003 supplement updates the confidentiality issues discussed in this article.