Can discovery be conducted in a mediation process?
Yes, discovery can be conducted in a mediation process in South Carolina. Discovery is a process in which one party requests information from another party. This could be financial information such as income statements or other documents. In mediation, the parties use discovery as an opportunity to investigate and exchange information to aid in the negotiation process. Parties in a mediation process use discovery to gain a better understanding of each other’s position. It can also help to ensure an accurate and full resolution of the dispute. For instance, if one party claims they have spent a certain amount of money on a project, then the other party may use discovery to request the documents to verify this information. In South Carolina, discovery is usually conducted before mediation or other forms of Alternative Dispute Resolution (ADR). During this process, parties may take depositions, issue subpoenas and request documents. In some cases, the parties may also get a chance to examine witnesses. Before engaging in any discovery, parties should consult with an experienced ADR lawyer to ensure that the process is conducted in accordance with South Carolina laws. This legal advice may help to protect the parties and ensure that all relevant evidence is disclosed without violating any applicable laws.
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