Publications | Single Issue Periodical
Family Advocate Spring 2024 Vol. 46, No. 4
Today, people communicate almost exclusively electronically. Mediators and practitioners often view the exchange of electronically stored information (ESI) as a burden and cost that hinders a successful mediation. This seminar will explore how a cooperative exchange of ESI in mediation can be used to streamline matters, making mediation preferable to the courts, both financially and equitably.
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Closed Captioned.
When someone says "E-discovery" most lawyers groan. In a world where nearly all communication is by electronic means, even the simplest of cases might involve thousands of potentially relevant emails and documents. Litigating cases under traditional discovery rules, particularly in light of draconian case law concerning the duty to preserve and produce relevant ESI, makes it difficult to litigate many matters from a cost perspective alone. One of the best features of mediation is its inherent freedom and creativity. It is this freedom and creativity that allows parties to avoid burdensome discovery rules, and agree upon protocols for the exchange of ESI that will keep costs low and allow mediation of disputes of any value. For example, the use of technology assisted review (TAR) allows for the identification of only those documents of the most importance, giving parties the ability top cut top the chase -- and get to their "legal story". In this way the exchange of ESI in mediation can be both affordable, and highly informative.
Solo, Small Firm and General Practice Division
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4/27/2022 12:00:00 AM
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