Using Electronic Evidence in ADR

Electronically stored information (ESI) is everywhere. While attorneys often focus on how ESI impacts U.S. litigation, ESI is just as common in alternative dispute resolution (ADR), both in the U.S. and abroad.  The rules, customs, and practices that govern ESI in the U.S. and internationally differ, and practitioners should be prepared to address ESI, whatever the situation. This course, taught by Kristen Weil, the Senior Managing Associate of the Dentons New York City office, explains the growing practice in U.S. litigation of using special masters and mediators to resolve disputes over ESI, and addresses how discovery practices differ significantly in international ADR.

Learning Objectives:

1. Understand the distinctions between the discovery process in the U.S. and international ADR, including rules on evidence and admissibility
2. Discuss mediators and special masters to resolve ESI disputes in U.S. litigation
3. Provide practical guidance on managing the disclosure practice in international arbitration, including arbitrator selection, preparing for the initial conference, and understanding privilege and disclosure principles