Friday, January 9, 2009

Special Masters in E-Discovery

The article has been around for a while but it's worth a second read in light of the new emphasis on cooperation and competence in e-discovery. Corey Baron's "New Niche for Special Masters" describes the increasing use of special masters for facilitating the resolution of e-discovery disputes.

My own experience as a special master suggests that the best role a master can plan is that of mediator, helping the parties find their own resolution of their differences and disputes. Often, there are no right answers in e-discovery disputes; only differences of opinion as to which fork in the road to take. Produce in native? What meta data fields to include? What media to search? A skilled special master can smooth the bumps in the road for the parties and ultimately reduce both the expense and the time required for adequate ediscovery.

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