Can discovery be conducted in a collaborative law process?
Yes, discovery can be conducted in a collaborative law process in South Carolina. Discovery is a process where parties in a legal dispute gather information or evidence from each other. This process is important in resolving legal conflicts without the need for costly litigation. In South Carolina, parties who choose to use the collaborative law process can use it for a variety of matters, including divorce, life planning, business disputes, and more. As part of a collaborative law process, parties can utilize discovery tools such as document requests, interrogatories, and depositions. Through these discovery tools, parties can gather evidence, facts, and information that help them reach a settlement agreement. In the collaborative law process, parties are required to disclose all material facts and documents related to the matter. As such, parties can request disclosure of the information they need and, if the other party fails to provide it, they can use traditional court-sanctioned discovery tools to obtain it. It’s important to note that the collaborative law process is designed to be less adversarial than traditional litigation. Therefore, all parties should work together to ensure a fair and amicable exchange of information. Parties should also use discovery tools in good faith so that they can reach a mutually beneficial agreement without the need of litigation.
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