Cardozo Journal of Conflict Resolution
Abstract
Alternative dispute resolution is a viable tool for case management. The use of a third party neutral for resolving discovery disputes and related pre-trial issues offers litigants an alternative for managing the pre-trial phase of a lawsuit in an efficient manner. Alternative dispute resolution is expanding into pre-trial practice in response to two forces: 1) Judicial budgetary constraints; and 2) E-discovery. Both factors require litigants to approach discovery in a manner that meets Federal Rule of Civil Procedure 1-"just, speedy and inexpensive determination of every action and proceeding"-and Federal Rule of Civil Procedure 37-"Failure to Make Disclosures or to Cooperate in Discovery." Utilizing alternative dispute resolution for discovery disputes, primarily disputes involving electronically stored information (ESI), requires the services of a third party referee referred to as an "e-neutral."
Disciplines
Courts | Dispute Resolution and Arbitration | Law
Recommended Citation
Allison O. Skinner,
Alternative Dispute Resolution Expands Into Pre-trial Practice: An Introduction to the Role of E-neutrals,
13
Cardozo J. Conflict Resol.
113
(2011).
Available at:
https://larc.cardozo.yu.edu/cjcr/vol13/iss1/5