E-Discovery Dispute Resolution Book Review

Jigang Kiu, Editor
Metropolitan State University

Garrie, D.B., & Griver, Y.M., Eds. (2012). Dispute Resolution and e-Discovery. Thompson Reuters Westlaw, 570 pages, ISBN-13: 9780314604484, US$149.00.

Reviewed by Milton Luoma, JD, (Milt.Luoma@metrostate.edu)

As it apparent from is title, this book tackles two very current and difficult legal issues – electronic discovery and dispute resolution. The authors tie the two legal concepts together in an effort to provide litigants and practitioners a less expensive and less time consuming alternative than is typically the case with traditional litigation and court proceedings. By including electronic discovery in the discussion, the authors recognize the importance and significance of electronic discovery in mediation and arbitration as it is in traditional litigation.

The book begins with a discussion and definition of electronic discovery followed by an explanation of Federal Rules of Civil Procedure, and finally, dispute resolution options. The chapters give tips and suggestions for the professional throughout the book.

This book tackles the most difficult issues that arise in electronic discovery, including costs and the burdens of e-discovery, key word searches, and proportionality. The book then discusses the two most popular forms of dispute resolution – mediation and arbitration. The authors discuss the benefits and issues involved in both mediation and arbitration and compare the two. The authors conclude that many e-discovery problems can be avoided through dispute resolution. With the complexity and costs associated with e-discovery, the alternatives of mediation or arbitration are much more appealing.

This book has numerous tips for the practitioner, including suggestions for keyword searches and agreement in mediation. The author tells the mediator and parties once they have agreed upon the keywords to use that the parties should use sampling to see if these keywords are adequate and do not produce too little or too much information before finalizing the agreement.

This book thoroughly covers all the relevant topics and choices in this area of e-discovery and alternate dispute resolution. Most of the major cases in this area are listed mainly in the footnotes. The book also contains a glossary and index.

Throughout the book the authors give tips to the professional, make key points and give helpful suggestions while providing alternate actions for litigants. Electronic discovery is an area in which litigants can be sanctioned for provided too much information, too little information, or providing information in the wrong format. This book is a helpful resource for the professional to guide them to methods that may save time, money, and stress.