Many commentators and courts suggest that cooperative approaches to e-discovery planning hold the key to lower-cost, higher-quality e-discovery processes. 1 Yet, admonitions to cooperate hardly suffice to motivate self-interested parties. 2 Some system to foster cooperation, beyond the parties themselves, appears essential. 3 One system proposed as a means to promote e-discovery cooperation involves use of mediation. 4 This Article outlines an array of mediation techniques that could be used for that purpose.
