Can discovery be conducted during an alternative dispute resolution process?

Yes, discovery can be conducted during an alternative dispute resolution process in Alaska. In the state, courts recognize and encourage the use of alternative dispute resolution to resolve legal disputes. This includes the ability to conduct discovery, which is the process of gathering evidence related to a legal dispute. In Alaska, discovery can be conducted through either mandatory or voluntary alternative dispute resolution. Mandatory dispute resolution is when the court or one of the parties to the case orders the use of an alternative dispute resolution process. On the other hand, voluntary dispute resolution is when both sides willingly agree to use an alternative process like mediation or arbitration. In either case, the parties involved in the dispute are able to conduct discovery. This can include requests for documents, witness interviews, as well as requests for physical evidence. In the case of a mediation, the mediator will often facilitate the discovery process by enabling the parties to figure out which documents or evidence can be requested in order to better inform the negotiations between the parties. In an arbitration proceeding, the arbitrator has the authority to compel a party to produce evidence during the arbitration. Overall, discovery is a key part of the alternative dispute resolution process in Alaska. It allows parties to thoroughly investigate and research claims prior to reaching a settlement or other resolution.

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