What is an e-Mediation?

An e-Mediation is a confidential mediation used for the purpose of resolving disputes arising from electronically stored information or e-discovery.  Litigants hire the services of an e-Neutral, called an e-Mediator, to facilitate the resolution of the e-discovery dispute(s).  E-Mediation can be held at whatever stage a dispute arises as a result of a party's claim or lawsuit.  E-Mediation may be appropriate when the duty to preserve attaches, but before a lawsuit has been filed.  E-Mediation can be conducted as part of the "meet and confer" to create a discovery plan  or the parties ask the court to incorporate e-Mediation in its Rule 16 Scheduling Order and requiring the parties to attend an e-Mediation if a dispute arises.  If an e-Mediation is not used to facilitate a discovery plan, then e-Mediation can be used on an issue-by-issue basis during the discovery phase.  E-Mediation is the process litigants can use to facilitate the resolution of e-discovery disputes in a cost-efficient manner.