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Arbitration of Discovery Disputes

Controlling Discovery with Pre-Dispute Agreements:


Pre-Dispute Agreements are invaluable where the underlying relationship between the parties is contractual. Arbitration clauses provide an opportunity for the parties to agree in advance on measures to control discovery and minimize discovery disputes. But there is no reason Pre-Dispute Discovery Agreements should not be a standalone clause, applicable whether the contract calls for arbitration or litigation. Rule 29 of the Federal Rules of Civil Procedure allows the parties in civil litigation to agree to “other procedures governing or limiting discovery.” 1 Such agreements can be written to call for the resolution of discovery disputes by arbitration, providing a speedy and economical resolution of discovery disputes arising under the Pre-Dispute Agreement.

Arbitration Services:


The Principals of Discovery Dispute Solutions are available to serve as discovery dispute arbitrators in litigation or arbitration settings.

  1. The rules of the American Arbitration Association, JAMS and the International Institute for Conflict Prevention & Resolution (CPR) all allow the parties to modify discovery procedures by agreement. CPR has a sample “Economical Litigation Agreement,” in essence a “discovery pre-nup” available on its website:
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