Neutral Party Agreements: Solutions for Discovery Disputes

Neutral Party Agreements:

Discovery Disputes commonly arise in litigation. Neutral party agreements are a tool the litigating parties can deploy in these situations in a more proactive manner. These agreements can also be mandated by the court. Digital forensics experts have more insight into data sources and how data is maintained making them routinely named as the neutral party to implement a neutral party Discovery agreement.

S2|DATA’s experts have routinely been contracted pro-actively to prevent discovery disputes when collecting and producing evidence.

We have years of experience in navigating these situations. Hiring a neutral party with deep experience in Discovery protocol affords flexibility as the case unfolds and the parties identify additional relevant ESI evidence sources not originally envisioned.

Experienced litigators endeavor to avoid having to have a judge mandate the neutral party agreement as coming together in this agreement often produces a positive outcome in the litigation process.

A Neutral Party Agreement Typically Contemplates The Following:

  • EVIDENCE ITEMS to collect and preserve
  • SEARCH PROTOCOLS for each evidence item
  • PRIVILEGE REVIEW MECHANISMS: for example, the producing party may be allowed 10 days to review items identified by the neutral as responsive. At the end of the 10 days a privilege log would be produced that told the neutral what not to produce to the requesting party.
  • OTHER ANALYSIS: like a report on USB activity, a report on deleted items, etc.
  • FORMAT FOR PRODUCTION such as types of reports, spreadsheets, Native Docs, Bates stamped image productions with a matching Load File, etc.

Why S2|DATA?

  1. Extensive Experience and Expertise: S2|DATA has a long-standing track record of providing comprehensive data migration, recovery and discovery solutions to businesses of all sizes. With years of experience in the industry, the company has accumulated a wealth of expertise and knowledge in archiving, compliance, and legacy data management. As a result, they are well-equipped to address the SourceOne end-of-life challenge efficiently.
  1. Tailored Migration Strategies: S2|DATA understands that each organization has unique needs and priorities. As SourceOne users prepare for the transition, S2|DATA can analyze their existing architecture and design customized migration strategies that ensure a seamless shift to alternative solutions that solve the users requirements for their data. Whether it’s moving to a new archiving platform or adopting a cloud-based approach, the company will devise a plan that aligns with the organization’s specific requirements.
  1. Cutting-Edge Archiving Solutions: To stay ahead in the dynamic tech landscape, S2|DATA continually develops and evaluates leading archiving solutions. These solutions include migration to tape, disk and cloud based options with option for combinations of all three depending on a company’s workflow preference. By doing so, they can offer their clients access to state-of-the-art archiving tools that go beyond merely replacing SourceOne. These modern solutions often bring advanced features, faster time to data, enhanced security, and improved scalability to meet the growing demands of businesses.
  1. Data Security and Compliance: During the migration process, data security and compliance are of paramount importance. S2|DATA prioritizes the protection of sensitive data throughout the transition, ensuring that all necessary security measures and industry regulations are followed. This commitment provides SourceOne users with peace of mind, knowing that their data remains secure and available during and after the migration.
  1. Seamless Integration: Migrating from one archiving solution to another can be a complex endeavor in understanding how the original system managed the data. S2|DATA’s expert team will seamlessly integrate the new archiving platform into the existing IT infrastructure. The aim is to minimize disruption to daily operations and facilitate a smooth and efficient transfer of data.

S2|DATA’s Services

S2|DATA offers a range of services that complement their expertise in archiving and legacy data management. These services include:

a) Data Migration and Implementation: S2|DATA’s skilled professionals will handle the entire data migration process, ensuring that no critical information is lost during the transition. They will seamlessly implement the client preferred archiving solution and assist in the verification of its effectiveness.

b) Compliance and eDiscovery Support: As regulatory requirements evolve, businesses need to stay compliant and be prepared for eDiscovery requests. S2|DATA provides comprehensive support for meeting these business and legal needs. 


When a “neutral party” is employed, such as S2|DATA, the entire eDiscovery process becomes much more transparent and cost effective for the end client. Let our experts consult with you to create a neutral party agreement for your next matter.

Contact for more information.