Chief Justice Roberts of the U.S. Supreme Court commenting in his 2015 report on the reason for the new Federal rules on ” proportionality” aimed at reducing the amount of discovery in civil cases.
“As for lawyers, Roberts said, “they have an obligation to their clients, and to the justice system, to avoid antagonistic tactics, wasteful procedural maneuvers, and teetering brinksmanship.” He added, “I cannot believe that many members of the bar went to law school because of a burning desire to spend their professional life wearing down opponents with creatively burdensome discovery requests or evading legitimate requests through dilatory tactics.”
Roberts also said that “lawyers—though representing adverse parties—have an affirmative duty to work together, and with the court, to achieve prompt and efficient resolution of disputes.”
Paul Lurie note: A mediator can also reduce the cost and delay associated with discovery controversies, including those expensive and time-consuming e-discovery disputes. One of those mediator strategies is help the parties distinguish between discovery needed to try a case as compared to discovery needed to change a settlement position.