Can discovery be conducted during an alternative dispute resolution process?
Yes, discovery can be conducted during alternative dispute resolution (ADR) processes in South Carolina. Discoveries are materials used to seek or collect information from parties involved in the dispute. The parties involved can request information from each other in the form of written questions, interviews, or documents. For ADR processes in South Carolina, discovery is conducted differently than in court proceedings. In South Carolina, a party can request a hearing before the process begins. During the hearing, the parties can present information or request information from each other. This information is used by a mediator, arbitrator, or another decision maker to help resolve the dispute. The discovery process can also be used to help the parties find an agreement. This could include questioning one another about how they view the dispute or their respective positions. The parties can also use the process to collect information and evidence that could be used to better inform their decisions on how to move forward. The discovery process is an important part of ADR processes in South Carolina and can be used to help the parties find a resolution to the dispute. It is critical for the parties to be open and honest about the information they share so the process can be successful.
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