The discovery conference is Q&A session held prior to the commencement of negotiations. In complex cases, meeting with respective counsel, experts such as forensic accountants and the parties provides a format where unknown or misunderstood information can be explained creating a greater possibility for settlement at the negotiation table.

Utilizing the mediation session to address discovery issues can be a poor use of time and resources. Therefore, the discovery conference allows each side to get a better idea of what the issues are, allowing for a greater chance for agreement now that everyone has the information they need to move forward.

During the discovery conference, the following matters may be discussed:

1. Scope of discovery: The parties may discuss and define the scope of the information that can be requested and exchanged during the discovery conference. This helps to avoid excessive or unduly burdensome requests which might otherwise occur during the mediation, wasting time and money.

2. Privilege issues: If any party claims that certain information is privileged and not subject to discovery, the conference may address the privilege claims and determine whether the information should be protected.

3. Discovery disputes: If there are disagreements or disputes regarding discovery requests, the conference provides an opportunity for the parties to present their arguments and seek resolution.

4. Case management: The conference may address overall case management issues, including the progress of the litigation, potential settlement discussions, or any other matters relevant to the efficient resolution of the case.