article thumbnail

Mediation of Discovery Disputes by Court’s Law Clerk?

E-Discovery LLC

I have come across cases in which a Court’s law clerk conducted an informal conference with parties to resolve a discovery dispute. June 26, 2024), counsel “ participated in an informal discovery conference with the undersigned’s Judicial Law Clerk regarding the dispute. ” [emphasis added]. For example, in Hipschman v. Jefferson Cnty.,

Mediation 130
article thumbnail

Court Appointed ESI Discovery Supervisor for ESI Protocol

E-Discovery LLC

District Court for the District of Maryland as the “ESI Discovery Supervisor” in a complex commercial case, with the task of “oversee[ing] the negotiation of an ESI protocol.” Then, the process led to the filing of a “Stipulated ESI Protocol and Discovery Plan.” Discovery Plan” (Jan. Mayflower Textile Servs. Berman and The Hon.

Discovery 130
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Does a Settlement Agreement That is Silent on a Fee Claim Waive a Judicially-Reserved Claim for Attorneys’ Fees Based on a Discovery Violation?

E-Discovery LLC

The issue was whether a subsequent family law settlement agreement that did not expressly reserve a claim to attorneys fees for discovery violations waived that claim when the trial court had reserved ruling on it. In one order, the trial court declined discovery sanctions, but reserved on attorneys fees. Emphasis added].

Discovery 130
article thumbnail

It is Important to Understand an E-Discovery Vendor’s Contract

E-Discovery LLC

10, 2025), the issue was whether an electronic discovery services vendor, DFC, could compel its former client to arbitrate a breach of contract claim. They alleged that they had hired DFC to perform electronic discovery services. After court-ordered mediation, the parties reported that they were unable to reach a settlement.

Discovery 130
article thumbnail

Can AI Replace Human Mediators? Groundbreaking Study Reveals Surprising Results

E-Discovery Team

The article by Ralph Losey discusses the evolving role of Artificial Intelligence (AI) in dispute resolution, particularly through the use of large language models like GPT-4 as mediators. With 92% of civil cases settled out of court, incorporating AI could alleviate the burden on human mediators in low-stakes disputes.

Mediation 111
article thumbnail

Court Appointed a Special Master to Negotiate ESI Protocol

E-Discovery LLC

When I was a Court Appointed ESI Discovery Supervisor for ESI Protocol (Sep. Judge Francis authored Cost-Shifting in E-Discovery, which was published in M. Managing E-Discovery and ESI: From Pre-Litigation Through Trial (ABA 2011). 5, 2024); JAMS: Mediating E-Discovery Can Save Time and Money (Dec. Berman, et al.,

Discovery 130
article thumbnail

My Most Interesting Blogs From 2024

E-Discovery LLC

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Reasonably Calculated to Lead to Discovery of Admissible Evidence Is a Vehicles On Board or Dash Cam Video Protected From Disclosure as Work Product? Mediation of Discovery Disputes by Courts Law Clerk? Last December, I posted My Top Blogs From 2023.