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Discovery Dispute Solutions 

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Alexandria, VA 22314


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Mediated Discovery Plans

The Problem:


Discovery is fraught with actual and potential conflict on both substance and procedure. Plaintiff’s counsel proposes using a key-word search to identify relevant e-mail during a three-year window: the defense counters with prescriptive coding and two years. If the plaintiff concedes, has it won or lost that battle?   Would reviewing that additional year of e-mail have been worth the extra cost? Or maybe the defendant should agree to a key-word search because additional software would be required to employ prescriptive coding, but only if the parties can readily agree on the key words to use. Is that going to happen?

The Solution:


Discovery Plan Development - Discovery Dispute Solutions will help make it happen by guiding the parties through the process, assisting them in evaluating options, making the decisions that result in efficient and effective discovery, and preventing the impasse that requires a court order – and time and additional resources -- to resolve.  The resulting Mediated Discovery Plan is horough and workable. The Discovery Plan can begin before and streamline the “meet and confer,” if in federal court, or before the first discovery conference ordered by applicable state court rules. Timing is flexible; however, as the parties may not need a Plan until later in the discovery process.


Ongoing Monitoring - Once the Plan is drafted and agreed upon, Discovery Dispute Solutions can monitor for compliance and re-engage to work with the parties to amend or add to the Plan, and, if necessary, to resolve conflicts that arise during the implementation phase. Discovery Dispute Solutions can be available on-site and/or, given access to the necessary databases, work remotely on the Plan.

Discovery Plans:


The Plan typically will address the following issues:

  • preservation,
  • timing and scheduling;
  • specific information each party will produce;
  • the format for production;
  • search methodologies and technologies (including phasing where necessary);
  • costs and cost-shifting; and
  • when necessary, agreements on confidentiality (if necessary) and privileges.


Alternatively, the Discovery Plan can address one particularly thorny issue, or one phase of the discovery process during which the parties encounter obstacles to agreement.

Our Mediator Team Approach:


We generally work together, as a team, because developing an effective Discovery Plan requires a familiarity with data residing on multiple platforms and an understanding of complex legal issues, and this knowledge can be obtained more quickly and less expensively with two professionals on the job. The team approach also provides greater accessibility to help move the process along.

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