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In a world that has become increasingly digitized, the judicial system has also been affected by technological evolution. In order to deal with the changing work environment, particularly in the context of the enormous amounts of electronically stored information (ESI), the 2002 Sedona Conference came up with 14 principles that would serve as best practices for handling electronic document production. In the U.S., these principles essentially preceded the FRCP (Federal Rules of Civil Procedure) amendments, especially for ESI purposes, from December 1, 2006.

The Sedona principles also became the backbone for the UK’s Cresswell Report, which also integrated many of the Sedona Principles, to bring about the English Civil Procedural Rules Part 31. These principles shed light on the diverse ways in which issues of eDiscovery regarding arbitration and disputes can be handled. Electronic disclosure tools also required new litigation software rules owing to the vast amount of data to which Discovery can be subjected. Particularly relevant ESI needed to be saved from being deleted. Thus preservation of such ESI assumed grave importance.
According to the UK Law Gazette, October 1, 2010, saw a new practice direction which was designed to encourage and assist parties in reaching agreement on the disclosure of electronic documents in a proportionate and cost-effective manner, as well as offer detailed practical guidance. It states, “The early exchange of information is required and encouraged so that informed discussions can be held between parties and decisions made about the scope of electronic disclosure. The use of technology and techniques to reduce the scope and burden of e-disclosure is also recommended.” This means that both parties need to necessarily discuss issues of ESI they possess and search limits for relevant data, techniques and tools that are used for e-disclosure and preservation costs, etc.
Whether you are a law firm, enterprise or government agency, electronic disclosure tools can assist you in your investigations and help address your eDiscovery challenges in a number of ways. The main issues that face eDiscovery are identification of relevant information, culling of this information, and reducing the cost, time and the complexities around eDiscovery to reduce the risk of responding to government regulators. When you are researching an eDiscovery tool, ensure that:

·         Your eDiscovery tool provides you with automatic and intuitive analysis across the    eDiscovery lifecycle
·         It helps collect, search and review data effectively
·         It eliminates any manual work for collection and reviewing of data

Electronic disclosure’s advantage is that it can help identify actual issues and definitely help settle a dispute. The digital age we live in assuredly creates a trail of data that is not easy to control or remove. Such a data trail can help substantiate or even refute assertions in a dispute. Ignoring such data will be at the peril of the case or dispute because it can provide the vital link towards a settlement or towards an actual resolution of the dispute.