Discovery Issues and Electronic Discovery in Arbitration (September 2017) [17125-5MP3 / 17125-5VIDEO]

Discovery Issues and Electronic Discovery in Arbitration (September 2017) [17125-5MP3 / 17125-5VIDEO]

Original Program Date: September 18, 2017
Duration: 45 minutes
Credits: Law & Legal Procedure: 0.75
List Price:$60.00
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This recorded session was presented as part of the live seminar and webcast, Arbitration: Expert Advice on Making the Most of the Process, recorded on September 18, 2017, in Seattle, WA. If you attended the live seminar or webcast and reported CLE credits, you cannot also report credits from watching or listening to this recording.

Despite the oft-repeated canard that there is no, or very limited, discovery in arbitration, arbitrators commonly permit – indeed, encourage – the parties to exchange information about witnesses and documents material to understanding and development of the parties’ claims and defenses. Unlike discovery in court litigation, which most often is wide- ranging and untargeted, arbitrators analyze and authorize discovery that is proportional to the needs of the case. As most “documents” and information now are electronically generated, to avoid substantially burdening a party in the search for and production of electronically stored information, arbitrators condition such discovery on development and implementation of discovery parameters that are most likely to produce relevant and material information at reasonable cost.

The panel identifies factors considered by arbitrators in determining the appropriate scope of discovery and addresses some issues relating to e- discovery, third-party discovery, and resolution of discovery disputes.

Phil Cutler – Cutler Nylander & Hayton P.S./Cutler ADR, Seattle, WA
Larry Mills – JAMS, Seattle, WA

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