May 14, 2013
As a party selected mediator and court appointed e-discovery neutral, special master, and forensic expert, I have had the fortunate opportunity over the course of the past several years to be involved in many matters in federal and state court. Recently, a light bulb went off: the benefits of e-discovery mediation should be considered by a wider audience as a means to save time, money, and ensure e-discovery for the most part is kept out of the courtroom, while the real issues are litigated in front of a judge.
While some discovery disputes mandate the use of a discovery Special Master, they often arise out of information inequity, not a burning desire by counsel to engage in costly and protracted discovery disputes to the detriment of the core issues.
Assuming counsel and their clients are comporting themselves in good faith respective to preservation and production, a practical solution may be for the parties to retain a mediator who is a lawyer and a technologist that can assist the parties in resolving the information inequity.
Some benefits of e-discovery mediation are:
- Overcoming the knowledge deficit among lawyers, clients, and judges in the area of technology and information management systems
- Alleviating some of the burden on the court system
- Saving time and money
To learn more about the benefits of mediating the discovery process, check out my whitepaper on Litigating the Issues and Mediating Discovery (just scroll down the page to the “More Insights to Explore” section.) And for a more in depth analysis, check out my book Dispute Resolution and e-Discovery.