What is a discovery issue in arbitration?
A discovery issue in arbitration is when one of the parties involved in the dispute needs additional information to make their case. This information can come from the other party or from a third party, such as an expert witness. Typically, both parties in the dispute will have the opportunity to request discovery information. Depending on the circumstances, the arbitrator may choose to grant or deny the request. In Kansas, the Kansas Uniform Arbitration Act sets out the procedures and guidelines for discovering information relevant to an arbitration proceeding. This includes giving either party the right to request documents, interrogatories, admissions, depositions, physical examinations, testimonial exams, and other forms of discovery. The arbitrator may set a deadline for the submission of the discovery materials. In addition, the discovery procedure in Kansas allows each party to object to the discovery requests made by the other party. The arbitrator must then determine if the objections are valid and either grant or deny the discovery material. Each party has the right to appeal the arbitrator’s decision to the court. In summary, a discovery issue in arbitration in Kansas is when a party requests additional information to make their case in an arbitration proceeding. The arbitrator has the power to grant or deny the discovery request and also to decide whether any objections are valid.
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