Can discovery be conducted during an alternative dispute resolution process?

Yes, discovery can be conducted during an alternative dispute resolution process in Maryland. Discovery is the legal term for the process of exchanging information between the parties of a dispute. It includes document production, subpoenas, and interrogatories. In Maryland, the parties to a dispute may agree to a Discovery Protocol as part of an alternative dispute resolution process. This Discovery Protocol outlines the type and scope of discovery allowed in the dispute. Discovery is a helpful tool in alternative dispute resolution because it allows both parties to be fully informed prior to making decisions about the dispute resolution. However, it is important to note that discovery in alternative dispute resolution proceedings is typically much more limited than in traditional litigation proceedings. This is due to the efficiency goals of alternative dispute resolution, as well as to preserve the confidentiality of the information produced. Because of this, parties should be prepared to limit the scope and amount of discovery necessary for their dispute. Limiting discovery in the alternative dispute resolution process allows for more focused and therefore more effective dispute resolution.

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Can discovery be conducted during an alternative dispute resolution process?

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