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Choices that shape a forensic engagement
Side-by-side comparisons of the choices that shape a forensic engagement — what each option actually gets you, when each is right, and what goes wrong when the wrong one is chosen.
Forensic image vs. logical copy
A forensic image captures every sector of a device, including deleted data and unallocated space. A logical copy captures only the files the operating system presents. Both are legitimate; they answer different questions, and choosing the narrower one when the dispute turns on deleted activity is the mistake that cannot be undone later.
7 points of difference
Mediation vs. arbitration for technology disputes
Mediation is a facilitated negotiation the parties can walk away from; arbitration is a private adjudication that produces a binding award. In technology disputes the choice usually turns on one question: whether the parties disagree about what they want, or about what actually happened.
7 points of difference
Native vs. image production
Native production delivers files in their original format, preserving formulas, revision history and embedded metadata. Image production delivers page pictures with a load file, which is stable and easy to redact and Bates-number but discards everything the digital form carried. Most protocols now use both, by format.
7 points of difference
Predictive coding vs. search terms
Search terms filter a collection by keyword before review. Predictive coding ranks the whole collection by likely relevance and lets review stop when recall is defensible. Terms are simpler and easier to negotiate; predictive coding measures its own performance, which is what makes it defensible at volume.
7 points of difference
Preservation vs. collection
Preservation stops relevant data from being destroyed. Collection gathers it for processing and review. They are separate obligations with separate timing: preservation is urgent, comparatively cheap and legally mandatory once the duty attaches, while collection can usually wait until scope is settled.
6 points of difference
Special master vs. forensic neutral vs. party expert
A special master holds delegated judicial authority and can decide or recommend. A forensic neutral examines evidence for both sides and reports facts without deciding anything. A party expert advocates within their honest opinion. The three are routinely conflated, and picking the wrong one wastes the appointment.
7 points of difference
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