Commentary

82.3 Disclosure and witness and expert evidence

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

82.3 Disclosure and witness and expert evidence

| Commentary

82.3 Disclosure and witness and expert evidence

ADR processes commonly dispense with formal disclosure of documents and the hearing of witness and expert evidence. Parties may consider that it is too risky to agree to a settlement before seeing all relevant documentary and other evidence, since this may radically affect a party’s assessment of whether or not its case will succeed and thus alter its perspective on any offer of settlement. However, this concern may not arise in circumstances where the ADR process takes place in parallel with litigation or arbitration proceedings that include the filing of witness and expert

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