What if ADR is ordered before discovery is completed or before the judge has ruled on legal issues such as motions for summary judgment?
Sometimes ADR is most effective when commenced before discovery is underway. If discovery is partially complete, the court may ask that no further discovery be completed pending the outcome of the ADR case. The timing of the ADR process can usually be worked out with the court, the ADR neutral, and the other party. Most judges are sensitive to the need to rule on any legal issues essential for case evaluation prior to an ADR Procedure.
Related Questions
- What is more important to have documented: Court-ordered Conditions for Return or Expected Outcomes? Court-ordered services ordered by the judge using OSM?
- May a legal assistant initiate and prepare attorney=s work product such as deposition summaries, discovery plans, and medical summaries?
- How is Electronic Discovery impacting the legal profession?
