Can discovery be conducted in a collaborative law process?

Yes, discovery can be conducted in a collaborative law process in Virginia. In alternative dispute resolution (ADR) law, discovery is the process where parties involved in a dispute can request information from the other parties related to the case. In collaboration law, the process of discovery works differently than in traditional litigation. Discovery is conducted in a collaborative law process by broadly discussing the case, voluntarily providing documents requested by other parties, and conducting “informal discovery” (such as having informal conversations with parties or witnesses). In general, parties agree in the collaborative law process to be completely open and honest with each other and to try to work together to reach a mutually agreeable resolution. This includes providing relevant information to aid the discovery process and voluntarily submitting to an informal discovery process. In Virginia, lawyers that practice collaborative law must abide by the ethical rules of the state bar, which require full disclosure of all relevant facts and documents that could affect the case and explicitly require parties to cooperate in the discovery process. Therefore, in Virginia, parties are obligated to provide relevant information in a collaborative law process in order to be ethical and for the process to be fair.

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