Can discovery be conducted during an alternative dispute resolution process?

Yes, discovery can be conducted during an alternative dispute resolution (ADR) process in California. Discovery is the process by which each side in a legal dispute is able to obtain relevant information from the other side. It can occur in the form of requests for documents, depositions of witnesses, and/or requests for admissions. During an ADR process, discovery may be requested from the opposing party to help the parties understand the issues and facts in dispute. In California, parties may engage in discovery prior to initiating formal resolution proceedings, such as arbitration. The rules of discovery are set by the rules of the ADR provider, so parties should check those rules prior to initiating any discovery process. Parties may also decide to engage in informal discovery prior to initiating formal proceedings. In addition, arbitration and mediation proceedings may contain a discovery phase in which the parties exchange documents and/or take depositions. This process allows the parties to better understand the facts and issues in dispute before moving forward with the resolution process. Ultimately, whether discovery occurs during an alternative dispute resolution process in California depends on the rules of the ADR provider, the nature of the dispute, and the agreement of the parties. It is important for parties to understand their rights and responsibilities before engaging in any discovery process.

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