By: Hon. Margaret A. Brennan, (Ret.), Senior Mediator and Arbitrator at ADR Systems
In many employment dispute negotiations, confidentiality and NDA provisions get raised at the very last minute — but they’re far from “boilerplate.” These terms can significantly affect the value of a settlement and are closely regulated under Illinois and federal law.
So when should you address them? (Hint: much earlier than you think.)
Read the full article, originally published in the WBAI Spring 2025 Newsletter on pages 22-23, to learn why these provisions shouldn’t be an afterthought — and how handling them strategically can make all the difference.