HCBA Lawyer Magazine Vol. 28, No. 5 | Page 53

meDiating e-DiscoverY Disputes: the neXt meDiation frontier Mediation & Arbitration Section Continued from page 50 deficiencies in their respective capacities. Additional relevant information, such as whether corporate representatives have been d eposed on electronically stored information, should be disclosed. If the specific purpose of the e-discovery mediation is to resolve disputes arising from existing discovery requests, the mediation statement should address the dispute in detail. While the issues to be addressed through e-discovery mediation will vary with the procedural posture of the litigation and the specifics of the dispute at hand, the issues likely to be addressed through e-discovery mediation include the: M AY - J U N E 2 0 1 8 | HCBA LAWYER • scope of reasonably accessible electronic data to be preserved and reviewed; • search parameters to be used to locate electronic data; • method of review to be employed; • data format for preservation and production; • time and manner of production; • procedures for handling inadvertently produced privileged information; • potential need for protective orders; • methodologies to evaluate compliance with any e-discovery plan or mediated e-discovery agreement; and • mechanism and protocol to enforce any mediated e-discovery plan or mediated e-discovery agreement. The outcome of e-discovery mediation should be reduced to writing and signed by all parties and counsel. E-discovery mediation can help parties control e-discovery costs, maintain confidentiality, and avoid potential adverse results, such as the imposition of sanctions. While mediation will not eliminate all e-discovery disputes, it is a tool to reduce or eliminate e-discovery motion practice that should not be overlooked. Author: Kathleen McLeroy - Carlton Fields 51