Disputes involving electronically stored information (ESI) are expected to increase in amount and complexity. Disputes related to the preservation, collection and production of the electronically stored information are referred to as eDiscovery disputes. Increasingly courts and litigants are seeking knowledgeable individuals to serve as eDiscovery Special Masters.
Benefits of an eDiscovery Special Master
- The use of a Special Master can reduce the legal costs associated with resolving eDiscovery disputes in court or arbitration;
- A Special Master can help narrow the eDiscovery disputes in contention resulting in the potential that a court or an arbitrator will issue an eDiscovery ruling that will be fair, effective and not unduly expensive;
- Allowing a Special Master to direct the scope of eDiscovery can provide counsel and their clients with confidence that counsel has engaged in the appropriate level of eDiscovery for their case;
- A Special Master can assist counsel in understanding the reasonable parameters of its eDiscovery obligations and assist where attorneys are not familiar with the applicable eDiscovery court rules or the applicable technology.
AAA eDiscovery Special Master Select: How Does It Work?
Using the parties’ own search criteria, the AAA acts as a referral source to identify Special Masters with eDiscovery expertise.
- A party completes a form, providing contact information, preferences regarding the eDiscovery Special Master (geographic limitations, retired judge or litigator, etc.).
- The AAA provides a list of Special Masters that best match the search criteria specified on the filing form, along with the AAA Roster biographies.
The AAA will notify the Special Masters that their information is being provided to the parties and that they may be contacted directly by the parties. It is now up to the parties to handle the rest of the selection process.
AAA Special Master Select: What Does It Cost?
- List of Five Special Masters: $750; five additional names, if needed: $750.
- List of 10 Special Masters: $1,500; 10 additional names, if needed: $750.
Still Not Sure?
A self-paced presentation exploring the issues counsel can face when tasked with conducting eDiscovery during either litigation or arbitration, and the ways parties can reduce cost and delay, can be found by clicking here. This webinar may assist counsel in deciding and selecting a neutral eDiscovery Special Master for your case.
You can find the Request for eDiscovery Special Master Select in the Forms section on www.adr.org.