More than half of non-union private-sector employees are subject to mandatory arbitration procedures. Arbitration clauses are also tucked into consumer contracts, agreements with financial institutions, insurance providers and even medical institutions. So, whether you represent an employer or an employee, a business or a consumer, there is a significant likelihood that the dispute at issue will go to arbitration.

Another element in your client’s dispute is that it exists in a digital world. A University of California study reported that, in 1999, “93% of all information generated was in digital form, on computers,” while “7% of information originated in other media, such as paper.” In re Bristol-Myers Squibb Securities Litigation, 205 F.R.D. 437, 440 n.2 (D.N.J. 2002). Discovery of electronically stored information (ESI) can be both expensive and time-consuming. Yet, absent any indication this trend will abate, e-discovery may well be a necessary tool in resolving your client’s dispute.