This podcast featuring my commentary just in from an interview with the Association of Certified E-Discovery Specialists (ACEDS) Editorial Director, Robert Hilson: On March 7, the Florida Supreme Court heard argument on proposed E-discovery rules for state cases, the first such rules for the fourth
largest state. The court has put them on fast track, and could approve
them by the end of the year. The rules will affect the state’s diverse
legal and corporate community and its 63,000 active attorneys. They aim
to streamline case management, but they will also impose unfamiliar
burdens on practitioners who are new to e-discovery. Neutral third
parties, such as special masters, mediators and referees, may be able to
assist in these instances. These so-called “neutrals” can shape
discovery plans, allocate costs and suggest and create efficiencies that
did not exist. Their services are not limited to grappling with old or
new rules, or to discovery disputes. Lawrence Kolin, an Orlando lawyer
and full-time mediator, chaired the Florida Bar committee that helped
craft the e-discovery rules the Supreme Court is considering. In this
ACEDS podcast, he tells how neutrals can help litigants navigate
e-discovery pitfalls and resolve expensive battles before they arise. “I
try to focus parties on the merits and try to get them off using
e-discovery as a sword or shield,” says Kolin. “Mediation is an avenue
that can present parties with significant cost-savings if performed
early enough in the litigation.”
Podcast introduction:
http://aceds.org/aceds-ediscovery-mediation-podcast-with-lawrence-kolin
Listen to .mp3 here:
http://aceds.org/sites/default/files/ACEDS%20Mediation%20Podcast%20with%20Neutral%20Lawrence%20Kolin.mp3