The arbitration proceedings among members as administered by Arbitration Forums, Inc. (AF) are confidential. An insured is not a party to the proceedings, and a decision cannot be used for res judicata or collateral estoppel (it cannot be used to bar re-litigation of the same matter, or issues litigated by the same parties on a different or the same cause of action). AF’s arbitration rules require confidentiality. As a result, members should refrain from sharing arbitration decisions with third parties, including members’ insureds.

AF’s Terms of Use require all Data and Information obtained through use or access to Services, the Site, Online Products, or Data Integrations shall be kept strictly confidential, meaning Users shall not disclose Data and Information to any other party, except as expressly provided by AF’s Terms of Use.

Also, the subrogation arbitration agreements signed by members include a sentence in Article Third stating that “[a]ll matters concerning an arbitration proceeding shall be held in strict confidence." For example, see Article Third of the Automobile Subrogation Arbitration Agreement.