How the
work runs.

Engagement

Mediation

Privately-administered mediation for technically complex commercial disputes.

PHASE PROTOCOL

1. 01

   Pre-session

   Position statements (confidential to mediator), key-evidence designation, technical briefings where the matter requires them. Daniel issues a session agenda 7–10 days ahead.

2. 02

   Joint opening

   Each party presents position briefly, with technical demonstrations as needed. Daniel frames the day, sets ground rules for confidentiality, and identifies the technical questions to be tackled.

3. 03

   Caucus rounds

   Iterative private sessions. Daniel translates technical positions and tests assumptions in each room. Where the matter turns on a verifiable fact, a forensic component is invoked to resolve it on the spot.

4. 04

   Convergence

   Settlement architecture drafted, including any technical remediation, audit, or escrow terms. Daniel surfaces the structure both rooms will accept.

5. 05

   Documentation

   Term sheet executed by all parties. Where stipulated, Daniel provides a written summary of agreements reached for inclusion in court approval orders or arbitration awards.

Engagement

Special Master / Discovery Referee

Court-appointed for ESI protocols, discovery management, and complex protective orders.

PHASE PROTOCOL

1. 01

   Appointment

   Order of appointment from the court, scope-of-authority defined. Daniel issues a brief acknowledgment outlining initial procedural framework and reporting cadence.

2. 02

   Initial protocol

   Draft ESI protocol distributed to parties: custodians, sources, search terms / TAR design, privilege handling, production format, claw-back terms. 10–14 day comment window.

3. 03

   Active management

   Real-time dispute resolution. Disputes raised by letter brief; Daniel rules within 5 business days. Where the issue is technical (sampling validity, search term efficacy, cross-border production), Daniel may issue a written analysis with the ruling.

4. 04

   Spoliation / sanctions

   Where preservation failures are alleged, Daniel conducts a fact-finding inquiry under FRCP 37(e) standards and issues findings with recommended sanctions if warranted.

5. 05

   Reporting

   Periodic reports to the appointing court. Final report on dissolution of the appointment with summary of disputes resolved and any open issues.

Engagement

Forensic Neutral

Independent third-party technical expert appointed by tribunal or counsel.

PHASE PROTOCOL

1. 01

   Scoping

   Question put to the neutral defined precisely. Investigation protocol drafted: targets (devices, accounts, repositories), tools, custody chain, hashing strategy, reporting format, deadlines.

2. 02

   Acquisition

   Forensic images acquired from in-scope sources. Hashes calculated and recorded. Original media sealed and stored under access-logged custody.

3. 03

   Analysis

   Examination per the protocol. Technical findings recorded contemporaneously. Where the finding affects scope (e.g. discovery of a previously unknown source), parties are notified.

4. 04

   Authentication

   For evidence destined for the record — emails, chats, messaging app artifacts, smartphone exports, deepfakes — chain of custody, hash verification, and tooling provenance documented for FRE 901 admission.

5. 05

   Report

   Written report to the tribunal and parties: methodology, findings, limitations, supporting exhibits. Daniel is available for cross-examination if the report is contested at hearing.

Engagement

AI Disputes — Tribunal Services

Arbitrator and protocol architect under emerging AI dispute frameworks.

PHASE PROTOCOL

1. 01

   Framework selection

   JAMS AI Disputes Clause and Rules where the parties’ contract incorporates them. Where the contract is silent, Daniel can propose a tailored framework with parties’ consent.

2. 02

   Tiered protective order

   Standing protective order template for AI matters — distinguishing model weights, training data, prompts, inference logs, and outputs into separate access tiers. Reviewer credentialing handled per tier.

3. 03

   Discovery scoping

   System cards, evaluation reports, RAG configurations, retrieval logs, fine-tuning datasets, inference timestamps. What is probative; what is fishing into trade secrets dressed as discovery.

4. 04

   Technical adjudication

   Daniel as arbitrator may pose questions of his own to parties’ experts where the record is incomplete. Hearings may include live model interrogation under controlled conditions.

5. 05

   Award

   Reasoned award addressing the technical and legal questions. Where the matter turns on machine behavior, the award sets out the model behavior actually observed and the legal consequences turning on it.

Engagement

Arbitration

Sole or panel arbitrator for technically complex commercial matters.

PHASE PROTOCOL

1. 01

   Constitution of tribunal

   Sole arbitrator on appointment; chair or wing on three-member panels. Conflicts disclosure under L.C.I.A., H.K.I.A.C., AAA, JAMS, or party-stipulated rules.

2. 02

   Terms of reference

   Procedural calendar, scope of pleadings, evidentiary rules, language and seat. Where the matter is technical, Daniel often expands the standard order to address source-code review, expert evidence framework, and protective order.

3. 03

   Evidentiary phase

   Documentary production per agreed scope. Witness statements; expert reports. Hearings either in person at the seat or virtual / hybrid.

4. 04

   Hearing

   Oral testimony, cross-examination, expert hot-tubbing where useful. Daniel poses tribunal questions where the record is silent on a determinative technical fact.

5. 05

   Award

   Reasoned award addressing all submitted issues. Daniel routinely issues awards within 60–90 days of close of hearings.