Changes are coming to existing rules and specifically include amendments to address ESI within Florida Civil Procedure Rules 1.200, 1.201, 1.280, 1.340, 1.350, 1.380 and 1.410 of the Florida Rules of Civil Procedure.
As for ADR of ESI disputes, case management in Rule 1.200, as well as Rule 1.201 involving complex litigation, provide the ability to address topics such as: considering the voluntary exchange of ESI and stipulations for authenticity; considering the need for advance rulings from the court on admissibility; and discussing the possibility of agreements (whether by parties or by referral to a special magistrate, master, other neutral, or mediation) on preservation of evidence, the form in which such evidence should be produced, and whether discovery of such information should be conducted in phases or limited to particular individuals, time periods, or sources.
ABOUT THE AUTHOR
A full-time neutral and Supreme Court of Florida Certified Circuit-Civil and Appellate Mediator, in Winter Park, Florida, he handles alternative dispute resolution of complex multi-party cases involving professional liability, construction, technology, real estate and contract disputes. A qualified arbitrator, he previously practiced in state and federal courts in diverse areas of civil trial work including business, commercial and patent litigation. Previously, he was a partner in a statewide firm, trying cases in insurance, intellectual property, health care, and medical malpractice, among other areas. He earned a political science degree from Trinity College in Connecticut and a law degree from the University of Miami School of Law, where he was Executive Editor of the Entertainment & Sports Law Review. Mediating since 2001, he is a member of the Florida Academy of Professional Mediators, The Florida Circuit-Civil Mediator Society and the National Academy of Distinguished Neutrals. He is founding Chair of the Orange County Bar Association’s ADR Committee. He also served as founding Chair of the Florida Bar Civil Procedure Rules Subcommittee on Electronic Discovery from 2006-2010.
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