Can discovery be conducted in a mediation process?

In Arkansas, discovery can be conducted in a mediation process. Discovery is a pre-trial procedure that allows parties to seek information from one another prior to the trial. For example, parties are allowed to collect documents, interrogate witnesses, and create an inventory of evidence that may be used during the trial. In the context of alternative dispute resolution (ADR) in Arkansas, parties are allowed to conduct discovery in a mediation process, although the process is different than that of a trial. In a mediation process, both parties are required to disclose any relevant and important information that they possess. There is no set procedure for conducting discovery, as the parties involved in the mediation establish the parameters and rules for this process. Additionally, the discovery process in mediation is less formal than in a trial. Parties can use the discovery process to learn more information about the case before beginning the mediation process. Parties are also allowed to exchange documents, question witnesses, and exchange evidence. However, the discovery process in mediation is voluntary, as the parties do not have to conduct discovery if they do not wish to. The parties involved should include provisions about the discovery process in their mediation agreement so that they are all aware of the rules and regulations. Ultimately, the parties involved in ADR in Arkansas are able to conduct discovery in the mediation process, but the process is different than that of a trial.

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Can discovery be conducted in a mediation process?

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