eDiscovery: From the Arbitrators’ Perspective
By Deborah Rothman, Esq. on May 26, 2009
On the topic of About Mediation
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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