Electrical Discovery in Commercial, Construction Disputes Poses Challenges

Arbitration and mediation, two forms of alternative dispute resolution (ADR), are popular forums in which to resolve commercial and construction disputes because ADR is considered less expensive, faster and more efficient than court litigation. In recent years, however, ADR -- specifically arbitration -- has been criticized as becoming no different than court litigation due greatly in part to extensive and costly discovery. Much of the escalated expense associated with discovery is attributable to the growing use, management and discoverability of electronically stored information (ESI). ESI is generally considered e-mail, Web pages, word processing files, databases, codes and algorithms, metadata, computer programs or any other kind of data that can be stored on a computer, BlackBerry or other personal digital assistant. This article discusses the impending ESI crisis in arbitration and how ADR can help contain ESI discovery in arbitration by managing ESI with specific guidelines and  rules.