eDiscovery Mediation and Special Masters Project

About this Project

There are several state and federal courts around the country that have implemented a discovery facilitative mediation program over the last 5 or 6 years. This project involves identifying all such programs and determining how successful they have been. By comparing and evaluating such programs, we learned that there are certain factors/components that distinguish a highly successful program from a less successful program.

Download the draft PDF here:

Download “Using Special Masters and eDiscovery Mediators to Resolve eDiscovery Disputes: A Bench Book for Judges and Attorneys 2022 Edition” Special_Masters_Bench_Book.pdf – 655 KB

Jay Yelton, Partner at Warner, Norcross + Judd is the Project Trustee.

Public comments are accepted through 30 Aug 2022.


The project team (organizations noted for identification purposes only) includes:

  • Shannon Bales, Litigation Support Manager at Munger, Tolles & Olson (Costa Mesa, CA)
  • Craig Ball, Forensic Technologist and Adjunct Professor at University of Texas Law School (New Orleans, LA)
  • David Cohen, Partner at Reed Smith LLP (Pittsburgh, PA)
  • Sonya Duchak, Coordinator at Fairfax Bar Association Conciliation Program (Fairfax, VA)
  • Hon. Patricia Fresard, Circuit Judge, Wayne County Michigan
  • Maura R. Grossman, Research Professor at the University of Waterloo (Ontario, Canada) and Principal at Maura Grossman Law (Buffalo, NY)
  • Merril Hirsh, FCIArb, Executive Director Academy of Court-Appointed Masters, Law Office of Merril Hirsh PLLC
  • Hon. Michael Hluchaniuk, Magistrate Judge, Eastern District of Michigan
  • Hon. Iain Johnston, District Judge, Northern District of Illinois
  • Chris King, Partner at Redgrave, LLP (Chicago, IL)
  • Ralph Losey, Partner at Losey PLLC (Orlando, FL)
  • Bruce Markowitz, Vice President at Evolver Legal Services (Reston, VA)
  • Hon. David McKeague, Circuit Judge, Sixth Circuit Court of Appeals
  • Hon. Kristen L. Mix, Magistrate Judge, Colorado
  • Hon. Stephen Murphy, District Judge, Eastern District of Michigan
  • Andrew J. Peck (Ret.), Senior Counsel at DLA Piper (NY); United States Magistrate Judge (S.D. NY) (1995-2018).
  • Jacqueline M. Pierce, Esq., Executive Director of Mandell Gisnet Center (Seaside, CA),
  • Hon. Xavier Rodriguez, District Judge, Western District of Texas
  • George Socha, Senior Vice President at Reveal-Brainspace (St. Paul, MN)
  • Peter Vogel, Partner at Foley & Lardner (Dallas, TX)
  • Ira Warshawsky (Ret.), Of Counsel at Meyer, Suozzi, English & Klein, PC (NY); New York Supreme Court Justice (1997-2011)
  • Paul Weiner, Shareholder at Littler Mendelson (Philadelphia, PA)
  • Jay Yelton, Of Counsel at Warner, Norcross + Judd (Michigan)