The Sedona Conference® Offers eDiscovery Cooperation Webinar for Judges; Nov. 28, 3 pm EST

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The Sedona Conference® will conduct a webinar for judges and lawyers on strategies judges can undertake to encourage cooperation among litigants in the eDiscovery process. The webinar will be held Wednesday Nov. 28, 3:00 p.m. – 4:30 p.m. EST.


Entitled, “How Judges Can Ensure Cooperation in the eDiscovery Process,” the webinar is designed to brief judges and attorneys on the practical cooperation-related solutions recommended by TSC’s newly-revised Cooperation Proclamation: Resources for the Judiciary.

Hosted by Kenneth J. Withers, Director of Judicial Education for The Sedona Conference®, the webinar panel includes Orange County (California) Superior Court Judge Gail A. Andler, Justice Colin L. Campbell of the Ontario (Canada) Superior Court, and former United States Magistrate Judge Ronald J. Hedges of the District of New Jersey. The panel will address such issues as:

  •     When should a judge be involved in helping the parties to cooperate?
  •     What tools do judges have to encourage cooperation?
  •     When should the parties get the judge involved for the purpose of encouraging cooperation?
  •     How do we resolve the tension between party-controlled discovery and active involvement     of the judge?
  •     How can judges ensure cooperation in court systems without individualized case assignments?
  •     What cooperative role can legal support providers and consultants play in engaging the judge?

To register for this webinar, go to The cost to attend is $79 per line for members of The Sedona Conference® Working Group Series and $99 per line for the general public. 25 lines have been set aside for judges and court staff to participate at no cost. These lines are available on a first-come, first-serve basis upon request by email to

In this 90-minute webinar, the panel will introduce you to the Judicial Resources commentary and discuss a concept that civil justice rule makers and policy analysts say is key to reducing potential costs and burdens associated with eDiscovery, while insuring fairness: active judicial management. The Resources are intended to assist trial judges with the management of electronically stored information (“ESI”) in civil discovery and at trial, focusing on the "stages of litigation from a judge's perspective," beginning with the preservation of ESI and proceeding through the initial case management order, the resolution of discovery disputes, trial issues, and post-judgment awards of ESI-related costs.

Studies and surveys agree that when judges take an active role in assisting the parties throughout the pre-trial process, costs can be reduced, delays can be avoided, and issues can be resolved promptly. Parties and counsel feel better about their treatment by the civil justice system – regardless of the outcome – and judges report that they can better manage their workloads. But active case management doesn’t come naturally, and diverse legal cultures, court systems, and procedural rules don’t facilitate the individualized attention that active case management requires. The Resources address this need in the context of eDiscovery.

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Kenneth J. Withers

Irina Goldberg
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