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 would involve identifying all such programs and determining how successful they have been. By comparing and evaluating such programs, hopefully we will learn that there are certain factors/components that distinguish a highly successful program from a less successful program. This project might also attempt to address some additional issues such as: (1) are these programs successful in helping the parties develop discovery plans early in the case; (2) are these programs successful in helping courts resolve discovery disputes/motions; (3) what training/qualifications should a discovery mediator possess; (4) how best to motivate courts and attorneys to use discovery mediation (e.g. first two hours at no cost); and/or (5) are there any best practices that discovery mediators should follow?
Jay Yelton, III, Partner
Warner Norcross + Judd LLP