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Courts and procedure

Discovery

The process in which each side gets information from the other before trial, through tools such as depositions, written questions and requests for documents.[1]

In more detail

Mediation doesn't shield ordinary evidence: information that could be discovered anyway doesn't become protected just because it was used in mediation.[2][3] In federal court ADR programs, discovery rights are preserved if mediation doesn't settle the case.[4]

Varies by state

This is the federal courts' definition; state courts use the word the same way, though procedures differ by state. Find your state’s rules.

Related terms

  • DepositionTestimony given under oath outside the courtroom, before an officer who can administer oaths, usually to gather facts before trial.
  • SubpoenaA command, issued under a court's authority, requiring a witness to appear and give testimony.
  • Mediation privilegeA legal right to refuse to disclose, and to stop others from disclosing, mediation communications in a later court or other proceeding.
  • AdmissibleDescribes evidence a judge or jury may consider in a case.

Read next on MediationList

Sources

The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.

  1. Glossary of Legal Termsuscourts.govchecked ↩
  2. RCW ch. 7.07, Uniform Mediation Act (as enacted in Washington)app.leg.wa.govchecked ↩
  3. Fla. Stat. § 44.405 (Confidentiality; privilege; exceptions), 2026flsenate.govchecked ↩
  4. Mediation (ADR program)cand.uscourts.govchecked ↩

General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.

Cite this page

Page updated

MediationList. (2026, October 28). Discovery: Definition. https://mediationlist.com/glossary/discovery/

APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.