ADR and Mediation for Cyber and Data Breach Disputes

Overview

As remote work and personal-device use have expanded the cyber threat landscape, organizations face data breach class actions and cyber insurance disputes. Alternative dispute resolution (ADR) offers a streamlined, cost-conscious alternative to litigation. This course equips technologists and their counsel to evaluate when ADR fits a dispute and to communicate effectively about it. Lessons cover why arbitration may suit cyber insurance policies, a practical mediation toolkit, the role of discovery referees and special masters in eDiscovery, and practical tips for in-house counsel anticipating cyber class actions.

What you’ll learn

• ✓Distinguish arbitration and mediation from litigation and identify when each is appropriate for cyber disputes
• ✓Understand cyber insurance policy types and why arbitration clauses may benefit policyholders
• ✓Navigate the mediation process, mediator selection, and mediation clause language
• ✓Explain when and how discovery referees and special masters are used in eDiscovery disputes
• ✓Apply practical tips for in-house counsel anticipating cyber data breach class actions

Curriculum

1. 1. Understanding Cyber Insurance: Why Arbitration May Make Sense for Your Policy

   Covers the growing need for cyber insurance, an overview of cyber insurance and policy types, an introduction to arbitration, why arbitration outperforms litigation for cyber disputes, and four tips for attorneys considering cyber insurance.

   Video coming soon

2. 2. Mediation: The Toolkit

   Introduces mediation and its key considerations, the mediator's role and how to select one, the mediation process, typical mediation clause language, and instructive recent cases.

   Video coming soon

3. 3. Why Use a Discovery Referee or Special Master in ADR?

   Explains the types and roles of special masters, the advantages of appointing one, selection considerations, applicable federal rules, five commandments for lawyers working with special masters, and practical tips for in-house counsel anticipating cyber class actions.

   Video coming soon

4. 4. Practical Tips for In-House Counsel Anticipating Cyber Class Actions

   Reviews data breach class action settlement trends, practical preparation tips, the use of arbitration in such class actions, the impact of recent cybersecurity decisions, and key questions in-house counsel should consider.

   Video coming soon