In Massachusetts, is there the same "discovery" for records in binding arbitration as there is in filing a lawsuit? Would I be able to get my customer profile and records from my wireless provider that they say are "proprietary"???
I agree with Attorney Bluff. Discovery in a lawsuit is different than that in an arbitration. With lawsuits, you generally can obtain anything relevant that is not protected by privilege or otherwise. With arbitration, you generally need to request the arbitrator for a subpoena for the records you mentioned and the arbitrator determines whether or not to allow such requests. If the information is proprietary, the other party may argue that it is privileged but if it is the subject matter of the arbitration or relevant to the decision, you may be able to gain access to that information. You should consult an attorney to assist you with this to ensure the best possible outcome. Best of luck.
Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.
If the Arbitration is a Court Ordered or other Mandatory Arbitration as part of the judicial process then Discovery is typically available.
If the Arbitration is a private arbitration process, you might be entitled to some discovery, the extent of which is within the discretion of the Arbitrator. In that event, draft a letter / motion to the Arbitrator, state the discovery that you are seeking and the reason why the requested discovery would be relevant to the claims or defenses you have asserted. Request that the Arbitrator issue a subpoena for the records requested.
Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.
Usually arbitration is limited to document discovery
henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- firstname.lastname@example.org (978) 749-3606.
Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.
Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.
It depends on whether the arbitration was court-ordered, or if it is pursuant to a contract or agreement of the parties. If the arbitration is court-ordered then it is likely the civil rules of procedure that govern discovery will be incorporated into the arbitration, allowing you to discover these important documents.
However, if the arbitration is pursuant to a contract or agreement between the parties, it depends on whether the contract or agreement states whether discovery will follow the state rules. One thing that often appears in a contract is a "Choice of Law" clause - which states what state's law will govern disputes or the contract. If the agreement or contract states that Mass. law governs, then I would argue or at least go further and say that Mass. law includes the rules of civil procedure which includes the discovery rules.