Mention “cooperation between parties” to a group of litigators and you usually get facetious exhortations to hold hands and sing “Kumbaya” or “We Are the World.” Respond that you are not talking about utopian fantasies, but ways for both sides to get what they want (or, at least, paying props to Mssrs. Jagger and Richards, what they need), the group will usually respond that cooperation in litigation, like communism, always looks great in theory but never works in practice.
When dealing with e-discovery, however, cooperation can and does work. Once the parties understand what is at stake, skeptical posturing can give way to steps that actually benefit both sides.
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