Publications
Publications
- January 2004 (Revised September 2004)
- HBS Case Collection
Confidentiality in Settlement Negotiations: Ethics & Law
By: Michael A. Wheeler, Dana Nelson and Gillian Morris
Abstract
Legal policy has a long history of protecting confidentiality of negotiations that are designed to produce settlement. However, within the past several decades there has been a significant push toward openness. Compelling arguments support confidentiality: It helps promote candid discussion when sensitive material is involved and may make settlements possible. On the other hand, ethical concern where public health and safety are involved has prompted some states to pass laws requiring the disclosure of settlement agreements or to revise their procedures governing confidentiality of discovery, protective orders, and sealing of litigation records. This case summarizes the legal and ethical debate. It identifies the major issues surrounding confidentiality in settlement negotiations and illustrates them with several examples.
Keywords
Ethics; Lawsuits and Litigation; Attorney and Client Relationships; Policy; Corporate Disclosure; Negotiation
Citation
Wheeler, Michael A., Dana Nelson, and Gillian Morris. "Confidentiality in Settlement Negotiations: Ethics & Law." Harvard Business School Background Note 904-057, January 2004. (Revised September 2004.)
