Mediating eDiscovery Disputes Can Save Time And Money
December 23, 2016
By Daniel B. Garrie
Each year the cost of litigation increases. The primary driver of these cost increases is the discovery phase of litigation and the explosion of e-discovery in recent years. The cause of this explosion is clearly apparent: as a society, we are producing data at a remarkable rate.
Surprisingly, 90 percent of the world’s data was created in the last two years, a fact that will also be true next year. Moreover, data is not only increasing in volume, it is also growing in complexity. For example, one of the fastest growing sources of data is “invisible data,” i.e., data generated by computer systems for purposes of dealing with other systems. This data is rarely, if ever, directly used by end-users.
This rapid rise in the volume and complexity of data, and concomitant rise in the cost of e-discovery, has led to the bench and bar undertaking several efforts to control the e-discovery process. One of the largest efforts was the 2015 amendments to the Federal Rules of Civil Procedure. These 2015 amendments attempted to refine the federal courts’ approach to e-discovery in light of its increasing cost and volume.
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