Joint Sessions and the Use of E-Neutrals in ESI Disputes

I am honored to have been featured in the American Bar Association's Dispute Resolution Section's Just Resolutions eNews during this year’s ABA Mediation Week. The theme was “Mediation: Successes, Challenges, Trends and the Next Generation: Looking to the past, present and future.” In looking at where we’ve been and what is to come in civil litigation, one can find a confluence in the growth of electronic information and the need for cooperation in gathering such evidence that it necessarily creates. Electronic Discovery is everywhere. Corporations and small businesses alike utilize computer systems to cut costs, improve production, enhance communication, store data and improve capabilities in this world of constant technological development. The prevalence of electronically stored information or ESI and its associated impact on litigation are readily apparent. E-Discovery has become vital to most cases. Virtually all business information and much private party information can be found only in ESI. At the same time, the costs of collecting, reviewing, and producing ESI reportedly have reached proportions that rival the amount in controversy, itself. This piece considers the role of the E-neutral who can facilitate the electronic discovery process in complex cases by helping parties to agree on key issues while together in joint session, enabling them to focus on the merits of their case. See article here-- http://www.americanbar.org/content/dam/aba/uncategorized/dispute_resolution/just-resolutions/kolin_joint_sessions.authcheckdam.pdf

Mediation Week 2015

Since 2011, the American Bar Association (ABA) has declared the third week of October “ABA Mediation Week.” The ABA events bolster efforts of many other national, state, and local organizations, including the Association for Conflict Resolution (ACR), which have traditionally celebrated conflict resolution during October. According to the ABA, Mediation Week celebrates strides made in institutionalizing mediation as one of several dispute resolution processes. For many years, Florida has led the field of alternative dispute resolution which has grown in acceptance, especially as litigation has become more costly and lengthy with electronic discovery. There is certainly wide recognition that the majority of cases are resolved outside of the traditional adversarial process. Litigants, their attorneys and the judges they appear before routinely embrace multiple paths to settling lawsuits out of court, including mediation. The theme for this year’s ABA Mediation Week is: Mediation: Successes, Challenges, Trends and the Next Generation: Looking to the past, present and future. "As lawyers and mediators, we understand both the challenges and rewards of helping parties in conflict reach an agreement by getting past differences in positions, by understanding each other’s perspectives better, and by finding ways to get their important interests met while staying true to their values and belief systems." Programs held during ABA Mediation Week provide neutrals, advocates and policy makers with inspiration and tools necessary to bridge the gap that often prevents amicable resolution of disputes. This year’s theme seeks to recognize the past, present and future of mediation. Read more here-- http://www.americanbar.org/groups/dispute_resolution/resources/mediation_week_toolkit.html