The proliferation of electronically stored information in our everyday lives has resulted in a multibillion-dollar electronic discovery industry. In the face of discovery expenses, attractions of alternative dispute resolution include the hope to resolve disputes at lower cost and in less time than traditional litigation, but also to achieve just results. To help achieve just results, evidence in the form of ESI should not be ignored in ADR proceedings.
In traditional litigation, some courts and parties have found ways to leverage e-discovery experts, including e-discovery special masters, to find important evidence more efficiently and effectively. That expertise has as much or greater potential to help locate key evidence, and to help achieve fair outcomes, in ADR proceedings. Below we discuss ways that “e-neutrals” can assist in ADR, while minimizing costs.
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