Use eMediation to Save Time and Money

02 September 2013 Publication

Texas Lawyer

Using eMediation will not eliminate eDiscovery disputes, but will most assuredly reduce the time, money, and energy of eDiscovery motion practice, says Gardere Wynne Sewell LLP Partner Peter Vogel. eMediation offers parties a means to have control over their cases in what is still a most unique manner. 

In 1991, in my first speech about eDiscovery, I commented that every lawsuit had electronic evidence (eEvidence). A number of audience members informed me that I had no idea what I talking about. Fast forward more than 20 years, and it is an undeniable fact that every lawsuit has eEvidence. As a result, every trial lawyer is now required to understand eEvidence.

Not long before that 1991 speech, the Texas legislature enacted the Alternative Disputes Resolutions Act (1987) requiring trial lawyers to consider mediation to settle cases. The ADR Act was an attempt to get cases settled at the earliest point in time possible. Often an early adopter, I became a certified Mediator in 1990 and have mediated hundreds of cases — although originally in my areas of expertise, including computer software implementation disputes (often ERP projects), misappropriation of trade secrets, patent infringement, copyright infringement, and Internet eCommerce disputes. eMediation was not done in the 1990's as far as I know.

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