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Discovery Dispute Solutions 

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Alexandria, VA 22314


(202) 603-5640

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Discovery Dispute Mediation

Advantages of Mediating Discovery Disputes:


The bottom line is that mediated discovery is faster and less costly than having a judge or arbitrator resolve a discovery dispute. In addition, mediation of discovery disputes provides the following significant advantages:

  • Flexibility
    • Range of issues - Mediation can be used to resolve as wide or narrow a range of issues as the parties deem necessary.
    • Timing – Mediation can be used to resolve discovery disputes at any point in the process, including during implementation of a prior agreement.
  • Party Control – The parties maintain control over the discovery process, working together to resolve disputes rather than submitting to the combative, expensive and potentially risky process of a judicial ruling.
  • Confidentiality – Experienced mediators may increase the parties’ willingness to explore weaknesses in their respective positions.
  • Customized Process – Discovery Dispute Solutions provides a range of mediation services customized to meet the needs of the parties.
  • Subject Matter Expertise – Our principals bring years of experience to bear and can assist the parties in considering the costs of litigating a discovery matter, the potential costs of discovery itself, the probable outcome if the trial judge, magistrate or arbitrator were to rule, the impact on the judge of being presented with the conflict, the risk of sanctions, and the consequences of getting more or less of the discovery sought. 
  • Facilitation of Communication – Discovery Dispute Solutions assists the parties in communicating their information needs along with practical limitations, confidentiality and privilege issues, helping them to find options that best fit the case and supporting the implementation of the parties' agreement.

Mediation Services Offered:


Customization: Every discovery dispute is unique: so, too, should be the process for dealing with that dispute. Discovery Dispute Solutions will work with counsel to employ the optimum process for obtaining a prompt and effective resolution of each discovery dispute.


Traditional Mediation Process: If necessary, given the nature and extent of the dispute, Discovery Dispute Solutions will employ a “standard” mediation process: the parties submit mediation statements and supporting documentation, supplemented as requested by the neutrals, and the mediation is conducted in a formal conference attended by counsel, the client, and IT support or other designated representatives.


Telephone and Online Mediation: At the other end of the spectrum, the dispute may be resolvable with a phone conference between Discovery Dispute Solutions’ principles and counsel and/or a review of documents by Discovery Dispute Solutions and its evaluation and recommendation based on that review.


Discovery Compliance Monitoring: Once an agreement is reached, Discovery Dispute Solutions can monitor for compliance and re-engage to work with the parties if subsequent disputes arise. Discovery Dispute Solutions can be available on-site and/or, given access to the necessary databases, work remotely on discovery dispute mediation.


Discovery Neutrals On-Call: For larger cases, and those involving multiple parties Discovery Dispute Solutions can serve as Discovery Neutrals (analogous to a Project Neutral in construction) to step in on an as-needed basis to resolve disputes as they arise in an ongoing discovery process.


Our Team Approach: Discovery Dispute Solutions believes that achieving mediated solutions requires not only flexibility but also efficiency on the part of the neutrals. For that reason we generally work together, as a team, because developing creative solutions to propose to the parties often requires a familiarity with thousands of pages of documents, and this knowledge can be obtainedmore quickly and less expensively with two professionals on the job. Further, we believe teamed neutrals better avoid any implicit bias that one neutral working alone may carry to the table because of past experiences.

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