The potentially harmful consequences of nondisclosure agreements in private settlements are troubling. They are a legal system problem, however, for which ADR is not to blame. Unless NDAs were prohibited for all legal claims, prohibiting them in mediated settlements would create greater incentives for pre-litigation direct settlements. The result would be less, not more, public awareness of (alleged) misdeeds.
Marjorie Corman Aaron, Reflections on Untethered Philosophy, Settlements, and Nondisclosure Agreements, 38 Alternatives High Cost Litig. 121 (2020).