Mastering eDiscovery and AI in ADR: A Guide for Legal Practitioners

The landscape of pre-trial discovery is rapidly evolving as eDiscovery and artificial intelligence (AI) continue to reshape legal practice. As AI technology becomes increasingly integrated into legal frameworks, legal practitioners who are early in their careers must understand how to navigate these new frontiers, particularly in alternative dispute resolution (ADR) settings. This is not an option, but rather, is part of licensed attorney’s duty of competence. For example, Comment 8 to the ABA Model Rule 1.1, “Duty of Competence,” specifically provides: “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology….”

Understanding eDiscovery: A necessity for modern legal practice

Electronic discovery, or eDiscovery, is the process of identifying, collecting, and producing electronically stored information (ESI) in litigation and other legal proceedings. The Sedona Conference Glossary: E-Discovery & Digital Information Management (Fifth Edition), 21 Sedona Conf. J. 263 (2020) (last visited: October 15, 2024). ESI encompasses a wide variety of data sources, including emails, social media posts, documents, databases, and more. Given the increasing reliance on digital communication and documentation, eDiscovery has become a crucial element in modern legal practice. Garrie, Newman et al: Uncovering Digital Evidence: A Comprehensive Guide for Legal Professionals in the Digital Era, Springer Nature Switzerland AG (2024), Chapter 6: Digital Forensic Investigations and eDiscovery.

Balancing transparency and efficiency in dispute resolution

While ADR – such as arbitration and mediation – historically involved fewer formal discovery requirements than traditional litigation, the rise of eDiscovery has transformed this process. ADR parties often require the same level of data transparency as in litigation, and eDiscovery plays a pivotal role in facilitating that transparency. For example, in complex cases involving intellectual property or corporate disputes, the discovery of critical documents can make or break a resolution.