What is a discovery issue in arbitration?
A discovery issue in arbitration is a procedure by which either party can obtain information from the other party to aid in the arbitration process. In Ohio, the parties are allowed to ask for documents, testimony, and other forms of discovery before the hearing. Discovery is usually done in groups of requests known as interrogatories, requests for production, requests for admissions, and depositions. Interrogatories are written questions that one party sends to the other which must be answered in writing. The answers must be signed under penalty of perjury. Requests for production are intended to seek out documents, photographs, or other tangible items related to the case. Requests for admissions require the other party to admit or deny certain facts of the case. Finally, depositions are an opportunity for one party to ask questions of the other under oath and in the presence of a court reporter. The discovery of evidence is a key element in the arbitration process. It helps both parties understand each other’s case and determine the facts. This process should be done prior to the hearing to ensure the parties have enough information to make an informed decision during the arbitration. All discovery issues should be discussed with an experienced arbitration attorney who is familiar with Ohio’s laws on the subject.
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