Can discovery be conducted in a mediation process?

Yes, discovery can be conducted in a mediation process in Maryland. In Maryland, discovery is typically conducted during Alternative Dispute Resolution (ADR) proceedings such as a mediation. During mediation, both parties can request information from the other side that may be relevant to the case, while a mediator assists them in reaching an agreement. The discovery process allows each party to gather the information needed to decide whether to proceed with the case or negotiate a settlement. For example, each party can request documents related to the case, such as contracts, emails, and other records that can be used to prove their case. They can also request that the other party answer questions about the case under oath. This process is known as a deposition. In addition to documents and depositions, parties may also request that an expert witness testify in court. Expert witnesses provide expert opinion and analysis on certain matters related to the case. In sum, discovery is an important tool used in mediation proceedings that can help the parties better understand the facts of the case and reach an informed agreement.

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