Unlocking Efficiency and Value in Legal Discovery Processes through Mediation

Mediation is a form of alternative dispute resolution that takes the form of a negotiation facilitated by a non-decision-making neutral third party. As businesses and individuals have increasingly become dependent on technology for private and public life in the past decades, the amount of discoverable data in a dispute has surged. Accordingly, so have eDiscovery costs. While mediation can sometimes be court- or contractually-mandated, parties involved in a dispute can choose to mediate to avoid the expense and time demand of litigation. This solution can be particularly cost-effective for eDiscovery disputes, as parties may narrow the scope of data to review and streamline the process by reducing the duplication of efforts. Attorneys advising clients in disputes that require eDiscovery will this primer a helpful guide for their practice.
In this CLE seminar, our expert panelists begin by providing an overview of eDiscovery and mediation, including the role of mediation in resolving eDiscovery disputes, the role of the mediator, and the advantages and disadvantages of the process to consider. Next, our speakers discuss how attorneys should prepare for an eDiscovery mediation. Our experts conclude by highlighting the key factors to consider when deciding whether to resolve eDiscovery disputes or cases through mediation.Â
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Topics covered in this webinar:Â Â Â
1. Overview of Electronic Discovery Mediation
2. How to Prepare for an E-Discovery Mediation
3. How to Conduct an E-Discovery Mediation

Our Mission is to bridge the knowledge gap between law and technology professionals by educating attorneys on technology to attorneys and technology executives on its laws and regulations. Legal Cyber Academy provides a comprehensive tool and evolving knowledge base through exclusive insights from world class cybersecurity, privacy, web 3.0, forensic, and e-discovery legal and technical practitioners. Earn CLE, CPE, and CE credits. (Refunds are available if you do not receive credit) At Legal Cyber Academy We recognize that technology, the cybersecurity threats it faces, and relevant laws and regulation are rapidly evolving, presenting unique challenges and opportunities. Our platform is dedicated to empowering legal professionals with the skills and understanding necessary to navigate the complex landscape of technology in their field, enabling them to effectively advise clients, draft contracts, and navigate legal implications in a technology-driven world. Simultaneously, we strive to equip technology professionals with the legal knowledge they need to make informed decisions, ensure compliance with regulations, and limit liability. By fostering a deep understanding of legal frameworks, we hope to support technology professionals in creating innovative, compliant, and socially conscious technological advancements. Join us in our mission to reshape the way legal professionals and technology experts understand and interact with each other in a rapidly changing technical and legal landscape. Together, they will mitigate risk better, ensure compliance, and actively shape the future of technology and its accompanying laws.

LAW & FORENSICS LLC – FOUNDER; JAMS – NEUTRAL; HARVARD – ADJUNCT;
Danie Garrie, Esq., is the Co-Founder of Law & Forensics LLC, where he heads the Computer Forensics and digital discovery Cybersecurity teams. Daniel has been a dominant voice in the computer forensics and cybersecurity space for the past 20 years, as an attorney and technologist. He is an adjunct professor at Harvard for Computer Forensics, and prior to Law & Forensics, he successfully built and sold several technology start-up companies. Since co-founding Law & Forensics LLC in 2008, Daniel has built it into one of the leading boutique firms specializing in cybersecurity and forensic engineering. He is a mediator, arbitrator, and e-discovery special master for JAMS and is a partner and head of Cybersecurity practice at Zeichner, Ellman & Krause LLP. Daniel earned both a Bachelor’s and a Master’s degree in computer science from Brandeis University, as well as a J.D. from Rutgers Law School. Daniel has led cyber and forensic teams in some of the most visible and sensitive incidents in the United States. He and his team have worked globally for two of the top five banks and dozens of the largest private and public companies in the world. In addition, Daniel has been awarded several patents for advanced cybersecurity and forensic platforms he built with his team, including TableTop.AI, CustodyTrack.IO, and Forensic Scan. Daniel is also well-published in the cybersecurity space and has authored more than 200 articles and books. His work is cited by Black’s Law Dictionary 10th Ed. defining the terms 'software', 'internet', and 'algorithm'. Lastly, he has been recognized by several United States Supreme Court Justices for his legal scholarship and is a trusted source and thought leader for cybersecurity articles and opinions, cited over 500 times to date.

JurisLaw LLP – Partner
Dan is a seasoned litigator, serving clients in large and small matters, and through all aspects of legal disputes. Dan’s extensive experience guiding matters from inception through all phases of discovery, motions practice, settlement negotiations, and trial provides him with a practical understanding of how to find the right strategy to meet his client’s needs. Dan has a diversity of practice areas, including construction, product liability, environmental, employment, professional liability, commercial, and consumer protection. Dan has practiced extensively in the field of Information Law, and he teaches Electronic Discovery and Digital Evidence at Lewis & Clark Law School as an adjunct professor. Prior to joining the firm, Dan was a partner at the AmLaw 100 firm of Gordon Rees Scully & Mansukhani LLP, focusing his practice on complex litigation, and he was a partner at Redgrave LLP, the country’s leading firm in Information Law, focusing his practice on electronic discovery and information governance. Outside the office, Dan is active in his church and an avid Scouter, with his local Boy Scout troop, having served as Scoutmaster and merit badge counselor.

JAMS – Mediator, Arbitrator, Referee/Special Master, Neutral Evaluator, Hearing Officer
Hon. Peggy A. Leen (Ret.) is a JAMS Mediator, Arbitrator, Referee/Special Master, Neutral Evaluator, Hearing Officer. Judge Leen previously served more than 18 years as a United States magistrate judge in the District of Nevada, where magistrate judges are utilized to the full extent of their jurisdictional authority. Magistrate judges in the District of Nevada conduct 100% of the district’s alternative dispute resolution, and as a result, Judge Leen has conducted more than 900 settlement conferences and early neutral evaluations over the last 18 years, settling hundreds of cases. Before appointment to the bench, she was a trial lawyer for more than 20 years, during which time she litigated both civil and criminal cases. As a civil trial lawyer, she litigated primarily multi-party, complex litigation, including construction, product liability, mass disaster, toxic tort/PCB, nuclear radiation, employment, insurance/insurance bad faith, eminent domain, malpractice and commercial/business matters. Judge Leen has developed a reputation as an effective settlement judge who is always fully prepared, with a firm grasp of the facts, legal issues and applicable law involved in each case. She is known for innovative approaches to complicated cases and ability to tactfully but firmly handle emotionally charged and difficult cases. She is evaluative, candid and direct about the strengths and weaknesses of parties’ cases, while still willing to listen and make sure that parties feel they have been heard and understood. As a settlement judge and mediator, she is thorough, organized, empathetic and focused on realistic resolutions. She excels in assisting counsel to manage the expectations of their clients about realistic outcomes, both in litigation and settlement.

Reed Smith – Partner
David is chair of our Records & E-Discovery Group. He has 30 years of commercial litigation experience in a variety of subject matters. David serves as special e-discovery counsel in many cases, represents companies in complex litigation matters, and also counsels clients on records management and litigation readiness issues. David has been involved in setting up the E-Discovery Special Masters (EDSM) program in the U.S. District Court for the Western District of Pennsylvania, and he has been appointed to serve as an EDSM in three separate cases by three different Federal judges. He also served on the Pennsylvania E-Discovery Rules Subcommittee, chaired by Allegheny County, PA Common Pleas Judge Stanton Wettick. In addition, David has designed and presented e-discovery training programs for judges and neutrals around the country; has authored numerous legal publications; and is a frequent presenter at continuing legal education seminars regarding e-discovery, technology, and litigation tactics (listing of recent publications and speaking engagements contained herein).