Managing Discovery in ADR: The 60% Solution

by Stephen F. McKinney


The 60% Solution is a strategy for effectively managing the scope of discovery in dispute resolution.  Experience teaches that no matter how much discovery that is undertaken, no more than 60% of all testimony and other proof captured ever finds any meaningful use in the preparation and presentation of cases for trial or arbitration hearing. 


At Miles, we believe this insight should inform parties’ work with their arbitrator in, and in advance of, the initial arbitration conference, toward a discovery plan that purposely seeks recovery of only that testimony and other proof that is essential to perfecting a record in support of a claim or defense.  This necessarily involves collaboration between the parties toward the end of securing the economy and expedition that are the key values that make arbitration a viable and often preferred, means of dispute resolution.


Learn more about arbitration services at Miles.



About Stephen F. McKinney, Esq.

Mediator Arbitrator Steve McKinney

Stephen F. McKinney, Esq. has resolved thousands of disputes and tried cases in venues around the country.  He handles mediates and arbitrates cases involving product liability, broker/dealer, trust and estates, finance, intellectual property, and anti-kickback and false claims (“Whistleblower”) cases. To speak with Stephen or book him for your next mediation or arbitration, please call 678-320-9118 or click here to schedule online.