How do the Parties Go About Mediation of ESI Disputes?
The first step is that the parties agree to contact a mediator. They will then enter into a mediation agreement and conduct one or more mediation sessions. Frequently, the mediator will request that the parties provide information to either the mediator, or to each other, prior to the mediation. If the parties reach an agreement, it will be reflected in a signed document. That agreement may represent the parties’ Rule 26(f) conference of the parties report to the court under Fed.R.Civ.P. 16.
