Can discovery be conducted during an alternative dispute resolution process?

Yes, discovery can be conducted during an alternative dispute resolution process in New Hampshire. Discovery is the process of an investigation into the facts of a case. This involves requesting documents and information from both parties in a dispute and gathering evidence to help support a claim. During an alternative dispute resolution, one of the parties can initiate discovery in the form of subpoenas and requests for admissions. In New Hampshire, discovery is conducted under the Rules of Civil Procedure. Depending on the type of case, the parties involved may be allowed to request certain documents from each other such as contracts, emails, or other related paperwork. Additionally, one party may request the other to answer certain questions, called interrogatories, which can help them prepare for the dispute resolution process. The use of discovery during an alternative dispute resolution process can help the parties involved understand the facts of a case better and come to a fairer resolution. It can also help the parties obtain a more thorough understanding of the other side’s position, which can lead to an easier negotiation. Discovery can also be helpful in ensuring that all parties possess the necessary information to make a sound judicial decision.

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