One way to avoid future claims is to settle a case pursuant

to a confidentiality agreement, whereby the parties agree

not to disclose the terms of the settlement. Such settle$-$

ments may delay future lawsuits or even save the company

from liability, because the public may never hear about the

settled claim. And, if future claims are filed, the plaintiffs

will not know the economic particulars associated with

the settlement, so they may settle for less than the original

claim. Such settlements are a mainstay in conflict resolu$-$

tion and litigation in America and are an indispensable

tool in minimizing exposure for companies. If you were

a manager responsible for major litigation, what factors

would you take into account in deciding whether to insist

on a confidentiality clause in an agreement? What factors

might lead you not to insist on confidentiality? $[$See Adam

Liptak, South Carolina Judges Seek to Ban Secret Settle$-$

ments, N$.$Y$.$ Times, S$$pt$.2,2002,$ at A$1.]$