2021 eDiscovery Negotiation Training: Practical Cooperative Strategies

The 2021 eDiscovery Negotiation Training: Practical Cooperative Strategies was an online program held from February 9 to 11, 2021, organized by The Sedona Conference Institute (TSCI). This event aimed to equip legal professionals with effective negotiation skills in eDiscovery, emphasizing cooperation to ensure efficient and cost-effective fact-finding while minimizing disputes, in line with Rule 1 of the Federal Rules of Civil Procedure and attorneys' ethical obligations.

The program featured a highly participatory format, utilizing a litigation hypothetical, faculty demonstrations, and mock negotiation and hearing exercises. Participants engaged in three mock Rule 26(f) conferences focusing on the scope of discovery, preservation, form of production, privilege, and social media. Additionally, some attendees participated in a mock Rule 16(b) case management conference presided over by a judicial faculty member. The experienced faculty, comprising veteran trial lawyers, eDiscovery experts, and judges, provided opportunities for dialogue, demonstrations, and valuable critiques of attendees' performances.

Participation was limited to ensure a high instructor-attendee ratio and a strong participatory experience. Attendees received personalized feedback and, in many cases, had the opportunity for one-on-one dialogues with faculty members. The program was invitation-only to maintain a proper balance of participants.

The event was particularly beneficial for legal professionals involved in eDiscovery processes, including in-house counsel, outside counsel, and eDiscovery experts. Attendees gained practical skills to negotiate effectively with opposing counsel, fostering cooperation and reducing unnecessary disputes in the preservation, collection, production, and use of electronically stored information.