We Need Mediation In E-Discovery

June 5, 2013

By Daniel B. Garrie

As a practicing attorney, I have heard the word “mediation” cautiously whispered in the courthouse hallways. Attorneys and clients alike are skeptical and resistant to entertain the thought of trying to settle any dispute lest it be before the judge. “Is this a therapist? An arbitrator? What’s the point?” a client asks her attorney. “No-no,” he responds, “it is different.” And while different and change can be uneasy in the case of e-discovery, it may be necessary.

Chances are you are either reading this article on a computer or have one within arm’s reach. If this is the case, I implore you to travel with me to the January 1994 episode of “The Today Show,” coined on the Web as, “What is the Internet anyway?” and watch the correspondents grapple with the idea of email and the Internet. Like it or not, in the last 17 years the Internet, email and digital communication have evolved from a fad to a cornerstone of how business gets done and how many humans interact in the modern world. As this technology has rapidly evolved, the legal community must also evolve to meet the ever growing needs of litigating in the digital world.

To read the full article, go to Law360

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