The Next Frontier of Mediation: Meditating E-Discovery Issues
Carlton Fields Shareholder Kathleen McLeroy authored an American Bar Association Business Law Today article titled, “The Next Frontier of Mediation: Mediating E-Discovery Issues.
The article discusses the growing use of mediation in the discovery process for electronically stored information.
The staggering volume of electronic information available means e-discovery has never been more costly and time consuming, making mediation an attractive solution for parties to efficiently and cost-effectively exchange electronic data. Parties can turn to mediation either to create a plan for the e-discovery process, or to resolve underlying disputes regarding how the information is retrieved and handled.
McLeroy encourages counsel preparing to undergo meditated e-discovery to become familiar with the litigant’s information technology infrastructure and professionals, and to create a confidential mediation statement outlining the purpose of the mediation, attendees and their roles, potential issues identified concerning the information in question, and assessments about the capabilities of the litigants and counsel to pull the information.
