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Civil Litigation

Oct. 2, 2010

The Brave New World of Mediation and e-Discovery

Knowledge of e-Discovery disputes is emerging as a key resource in the legal profession.

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.

Many lawyers look upon discovery as an aspect of litigation that is tedious, lacking in excitement and frankly, without "sex appeal." Most mediators would prefer to handle cases that have more "meat on the bones" than they can find to be the case with discovery refereeing.

So-called e-discovery, the electronic aspects producing documentation (electronically stored information, otherwise known as "ESI") during the litigation process has been around for some time, during which an en...

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