Discovery disputes are among the most common problems presented to courts. These, however, would not appear to be of particular concern when voluntary mediation is involved. Generally, parties who have agreed to mediate also recognize that success is based in great part upon an exchange of information that will allow for a proper assessment of the case. Moreover, when a question arises as to what disclosures are appropriate, the mediator will often assist the parties in resolving this issue.
A recent memorandum opinion issued by a federal court, however, may suggest that greater attention should be given to whether parties might unexpectedly find themselves subject to a discovery order issued in aid of mediation.
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