Special Masters and eDiscovery Mediation 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 final PDF here:

Using Special Masters and eDiscovery Mediators to Resolve eDiscovery Disputes: A Bench Book for Judges and Attorneys 2022 Edition (1450 downloads )

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

While the public comment period is complete, the project team is grateful for comments for the next full revision.


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)