The Future of Resolution
Insights.
A working notebook on technically complex dispute resolution — AI hallucinations in litigation, forensic data as a mediation asset, the evolution of the technical neutral, deepfakes, smart contracts, and the instruments that increasingly decide commercial matters.
BY DANIEL B. GARRIE, ESQ. 21 ARTICLES · NEWEST FIRST
All writing
21 ARTICLES NEWEST FIRST
eDISCOVERY · SPECIAL MASTER
August 31, 2026
7 min read
The Four Decisions in Every Special Master Order
Rule 53(b)(2) forces four decisions into every appointment order. Left undrafted, a court fills them in — rarely the way a technical dispute needs. READ ARTICLE CYBER · INSURANCE August 25, 2026 6 min readProving the Number: Building a Cyber Business-Interruption Claim
Coverage arguments get the attention. The number gets the money — and it is assembled, or lost, by people restoring systems who are not thinking about a proof of loss. READ ARTICLE CYBER · INSURANCE August 25, 2026 7 min readThe Hours That Decide a Cyber Coverage Claim
A coverage dispute is decided in the first hours after a breach, by people not thinking about coverage. How to build that record — and how a neutral uses it. READ ARTICLE MEDIATION · PRACTICE August 18, 2026 7 min read
What to Agree Before the Mediation: Stipulating the Technical Record
In a dispute that turns on technology, the first hours of a mediation are usually spent establishing what the system did — not negotiating. Most of that work can be finished before anyone sits down. READ ARTICLE AI · ADR August 1, 2026 7 min read
Proving What the Agent Did: Building the Record in Agentic AI Disputes
When an autonomous system takes the action in dispute, the evidence explaining it sits in four record types on short retention clocks. The technique is knowing what to freeze, and in what order. READ ARTICLE AI · EVIDENCE June 9, 2026 6 min readDeepfakes in Court Proceedings: How to Safeguard Evidence
How generative AI defeats casual inspection of audio-visual evidence, what FRE 901 actually requires, and a practical protocol for authenticating suspect media. READ ARTICLE PRACTICAL June 4, 2026 6 min readWhat Counsel Should Ask Before Selecting a Forensic Neutral
Six questions that vet a forensic neutral the way a court vets a forensic report — qualifications, acquisition, tools, and whether findings can be reproduced. READ ARTICLE BLOCKCHAIN · ADR May 28, 2026 5 min read
Arbitrating Smart Contract Disputes: A Comprehensive Approach
A smart contract executes exactly as written, right or wrong. Resolving what happens next takes arbitration rules built for code and a neutral who can read it. READ ARTICLE AI · ADR May 17, 2026 5 min readHow the JAMS AI Rules Can Streamline Discovery in AI Disputes
Why conventional e-discovery breaks down when the evidence is an evolving AI system, and how the JAMS AI Rules restore proportionality and technical competence. READ ARTICLE CYBER · INSURANCE May 6, 2026 6 min readMediating Cyber Insurance Coverage Disputes
Cyber policy forms change faster than precedent can settle them. Why coverage disputes resolve better in mediation and arbitration, and how to draft the clause. READ ARTICLE AI · DISCOVERY April 24, 2026 5 min readBuilding a Tiered Protective Order for Machine-Learning Matters
Model weights, training data, prompts and outputs are not the same kind of secret. How the JAMS AI Rules support graduated, artifact-by-artifact access. READ ARTICLE eDISCOVERY April 9, 2026 5 min readWhen (and How) to Appoint a Special Master for TAR Validation
Courts settled whether parties may use TAR years ago. The disputes now are over protocols and validation — and early special-master appointment avoids them. READ ARTICLE AI · LITIGATION March 14, 2026 7 min readAI Hallucinations in Litigation and Arbitration
Hallucinated authority is not a software glitch. It is a breach of the duty of competence that taxes every party in the room and endangers the award itself. READ ARTICLE CROSS-BORDER March 11, 2026 4 min readCross-Border Forensic Collection: The Legal Layer Comes First
GDPR, Schrems II, and divergent disclosure regimes have turned cross-border forensic collection from a logistics exercise into a conflict-of-laws problem. READ ARTICLE FORENSICS February 22, 2026 5 min readForensic Data as a Mediation Asset
The forensic record is treated as trial ammunition. Produced by a neutral under an agreed protocol, it is also a settlement instrument that narrows the fight. READ ARTICLE NEUTRAL · ECONOMY February 14, 2026 5 min readThe Economics of Appointing a Special Master
Special masters cost money. The disputes they absorb — protocol fights, compliance, fee allocation — routinely cost more. Where the appointment pays for itself. READ ARTICLE NEUTRAL · PROFESSION January 09, 2026 6 min readThe Evolution of the Technical Neutral
How the technical neutral became a distinct role — from the 2006 e-discovery amendments and special masters to forensic appointments and the JAMS AI rules. READ ARTICLE AI · ADR February 17, 2025 5 min readeDiscovery and AI in ADR: A Practitioner's Guide
How eDiscovery and AI reshape arbitration and mediation: TAR, predictive coding, data-privacy duties, and the ethics of disclosing AI use to a tribunal. READ ARTICLE FORENSICS January 28, 2025 5 min readForensic Neutrals in Large-Scale Litigation
How a forensic neutral resolves the data-driven disputes at the center of large commercial litigation, from FRCP 53 authority to ex parte seizure relief. READ ARTICLE CYBER · INSURANCE January 22, 2025 6 min readRansomware and Cyber Insurance: Exclusions, Endorsements, and the Risks of Paying
What cyber coverage actually buys in a ransomware event — first-party vs. third-party coverage, the war exclusion after NotPetya, and the OFAC risks of paying. READ ARTICLE eDISCOVERY January 7, 2025 5 min readAttorney-Client Privilege for In-House Counsel
Best practices for in-house counsel asserting attorney-client privilege over ESI: defining the client, legal vs. business advice, and avoiding waiver. READ ARTICLEBriefings from the practice
New Insights, when they publish.
Occasional writing on technical disputes — AI, forensics, cyber coverage, eDiscovery — from Daniel B. Garrie. No marketing; unsubscribe anytime.