Can discovery be conducted in a collaborative law process?

Yes, discovery can be conducted in a collaborative law process in Utah. Discovery is the process of gathering information before a trial. This would include gathering records, depositions, and other evidence. In collaborative law, the parties involved are encouraged to disclose all relevant information to one another. That means that during the process, they may be required to answer questions, provide documents, and even provide sworn testimony. In Utah, the Alternative Dispute Resolution (ADR) law allows parties to conduct discovery even if they are using a collaborative law approach. The Discovery Act states that discovery should be allowed in any court proceeding in which the parties are represented by an attorney unless the court orders otherwise. The parties may even agree to voluntarily conduct discovery if it will lead to a quicker and more efficient resolution of their dispute. The parties involved in the process should work together to determine the scope and timing of discovery. They should also agree upon the type of information that needs to be disclosed. This could include documents, financial records, or testimony from witnesses. If the parties are unable to agree on the terms of discovery, they can request that a court intervene and order discovery. In some cases, it may be necessary to use outside experts to help with the discovery process. In Utah, collaborative law is becoming increasingly popular as it can lead to better resolutions to disputes. By allowing discovery to be conducted in a collaborative law process, parties can more easily reach a resolution that is beneficial for both parties.

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