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Civil Litigation

Oct. 8, 2011

E-Discovery: Mediation as the effective 'old world’ approach for 'new age’ lawyers

Refusal to adapt to the digital age raises the risk that lawyers will become irrelevant to the dispute resolution process.

A. Marco Turk

Emeritus Professor, CSU Dominguez Hills

Email: amarcoturk.commentary@gmail.com

A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.

Mediation has been around for centuries in one form or another. With the onset of e-discovery, it behooves the careful lawyer to look back historically and adapt this dispute resolution process to the exigencies of the conflicts inherent in the new age of electronically stored information (ESI).

In doing so, it is helpful to examine aspects that many may not even realize contain "rabbit holes" naturally designed for disaster; lurking dangers to lawyers and clients that many will r...

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