When speaking about eDiscovery we often talk about the tools in the context of court-based litigation, but there are many more facets to the litigation process that these tools can be beneficial for. In this post, we will be examining how eDiscovery tools and processes can be used to boost efficiencies in arbitration matters.
Arbitration is the process of presenting a dispute to one or more impartial arbitrators who make binding decisions on your matter. It is often a far quicker process than going to court and also offers more freedom in choice of arbitrator, location, language and applicable law. Arbitration allows parties to settle their matters privately, instead of in a public court setting whilst maintaining the confidentiality and legally binding nature of all decisions.
In general, eDiscovery tools can be used to great effect in all legal proceedings but let's have a look at how these tools specifically benefit arbitration.
Data Collection:
Safe, secure data collection that is forensically defensible ensures that all the data relevant to your case has been properly collected with no possibility for tampering. This in turn allows you to be confident that all decisions arising from your data can be trusted.
When it comes to data collection, there are many different routes you can take depending on the location and the complexity of your data. While it is possible to self-collect, it is always safer to employ a collection professional who has the knowledge and skill to handle any difficulties. Forensic collection professionals are also able to spot data anomalies with greater accuracy and ease meaning any attempts at spoliation are more likely to be uncovered and dealt with.
At Altlaw we handle the entire eDiscovery process from collection through to production, as such we have a wealth of experience with data collection. Learn more about Altlaw's collection capabilities in our data collection for eDiscovery blog post or from our handy animated video below.
Data Preservation:
eDiscovery platforms are designed with data integrity in mind meaning that you can store your data in a secure and auditable database upon completion of your forensic collection.
For an arbitrator to come to decisions on your matter they must have access to all relevant evidence and must be able to trust the origin and content of the data. By utilising an eDiscovery platform you can ensure that the integrity of your data is without question so that your arbitrator can evaluate your claim fairly on the merits of the information you provide. If you were to provide data of questionable integrity, an arbitrator might be inclined to dismiss this data and this could affect the outcome of your dispute.
Data Processing:
One of the great benefits of procuring an eDiscovery platform is the wide-reaching range of capabilities of the system. In cases of arbitration where speed is often a major factor in a claimant's choice to pursue the route, the processing capabilities of an eDiscovery platform are second to none. In comparison to manual searching, eDiscovery platforms can process large volumes of data quickly and efficiently, making searching for and identifying important information much easier than through manual methods.
Document Review:
eDiscovery platforms and tools are designed to boost efficiencies in data handling and one area in which this is particularly clear is in the reviewing of documents for relevance to a case. eDiscovery tools allow arbitrators and legal teams to collaborate on doc review, whether that be in an office environment or remotely, as may suit your situation better.
It is also possible to outsource your review tasks to eDiscovery providers who offer managed review services. With the managed review option you can be sure of the quality and training of your reviewers and receive quick and accurate results without having to expend any of your own valuable time on reviewing data. There are a plethora of tools available within eDiscovery platforms that are designed to speed up review including tools such as Concept Clustering and Active Learning. To learn more about these tools take a look at our Analytics Tools eBook.
Metadata Analysis:
Following on from the above themes of security - the metadata extraction and subsequent analysis that can be performed in eDiscovery platforms can help establish the authenticity and reliability of your data. It is also incredibly useful when culling data that is unlikely to be relevant to your case, for example, eDiscovery solutions often base their de-duplication efforts on available metadata.
Metadata also plays a part in the searching and retrieval process. A key benefit of eDiscovery platforms is the ability to locate specific information by utilising keyword searching, custodian segmentation and date-range filtering. Without properly extracted metadata, none of these tools would be able to function.
eDiscovery Practices in General:
Overall eDiscovery practices can enhance the efficiency, accuracy and fairness of your arbitration process by effectively managing your electronic evidence. With eDiscovery tools you can make better decisions faster with the secure knowledge that your decisions are based on reliable, secure information that can be fully audited if necessary. The use of eDiscovery tools often has the additional benefit of saving you time and money as a result of the efficiencies built into our processes. Calculate how much your next case might cost with our fully transparent cost calculator.
