Can discovery be conducted in a mediation process?

Yes, discovery can be conducted in a mediation process in California. Discovery is the process of exchanging information between two parties in a legal dispute. In the alternative dispute resolution (ADR) law of California, discovery is allowed in a mediation process. For example, if one party wants to use evidence or materials, they can ask the other party to provide them during the mediation process. The two parties can then use the exchanged materials to negotiate a better outcome. Generally, documents, photographs, and other forms of evidence must be exchanged. Additionally, the parties in the mediation are expected to give truthful and complete answers to questions or requests for information. In California, mediation is flexible and often times involves creative problem-solving. As a result, discovery during the mediation process is allowed and encouraged. This can help the mediator, or third-party, better understand the dispute and provide a tailored solution for both parties. Discovery helps to ensure that all relevant evidence is taken into account, which can help to expedite the mediation process. Overall, discovery is an important part of the mediation process in California. It allows both parties to share evidence and other relevant information, which can provide a more comprehensive and accurate picture of the dispute. This can ultimately help to resolve the dispute faster and on fairer terms.

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