Is Discovery Permitted in NJ Divorce Arbitration?
Section 17 of the Act provides that an arbitrator may permit whatever discovery is deemed appropriate, considering the circumstances and the needs of the parties and other affected persons, as well as “the desirability of making the proceedings fair, expeditious and cost effective. The Act specifically provides for and contemplates depositions, issuance and enforcement of subpoenas by the arbitrator for witnesses and whatever other discovery Orders are necessary. The arbitrator may issue Protective Orders regarding privileged and confidential information and trade secrets to the same extent as a court could in a civil proceeding.