A recent article by Daily Journal staff writer laura Ernde quoted Thomas J. Stipanowich, professor at Pepperdine University School of law and academic director of the Straus Institute for Dispute Resolution as saying, "Although arbitration was set up as an alternative to the expensive and time-consuming process of going to court, lawyers have started bringing the same litigation tactics to the arbitration process, creating higher cost and delay."
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Technology Survey Indicates Big Case Management Problems From Arbitration E-Discovery Are Spreading
Topic: About Arbitration
Discovery disputes relating to electronically- stored information, referred to in this article as ESI, continue to bedevil the courts. The disputes increasingly are arising in domestic commercial and some international arbitrations. This two-part article discusses specific types of E-discovery disputes practitioners encounter or can expect to encounter.
Read more »Typically, parties in litigation enjoy broad discovery rights that, to clients’ occasional dismay, trump manageability of costs. Left unchecked, this emphasis on access to theoretically relevant documents could wreak disastrous pretrial economic results for litigants when superimposed on massive amounts of electronically stored information (“ESI”). In fact, in cases in which less than $500,000 or so is at stake, predicted litigation outcome might be replaced by anticipated attorneys’ fees and ESI discovery and production costs in assessing the pros and cons of settlement.
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