What is a discovery issue in arbitration?
A discovery issue in arbitration is the amount of evidence that can be obtained in an arbitration process. The process is meant to be more informal than a trial, so parties will often not be able to use all of the traditional methods of obtaining evidence that would be used in a court-based trial. In Minnesota, the parties must provide each other with information they plan to use at the hearing, but it might be less than what would be covered in a court of law. It is important to be aware of the limits of discovery so both parties can have a fair and effective hearing. The process of discovery in arbitration is often done through a process called “depositions”, where each party can call witnesses to testify about the matter in dispute. Discovery can also involve requesting documents, or informal requests for evidence from the other side. In Minnesota, the parties have an obligation to act in good faith in providing evidence, so each side typically does their best to share the relevant information, although this is not always the case. In short, a discovery issue in arbitration refers to the amount of evidence each party can obtain in order to make a case for their position. It varies in Minnesota depending on the parties’ willingness to cooperate with each other and to share any essential information they have. Knowing the limits of discovery is important to having a successful arbitration process.
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