Copyright © 2005, The Sedona Conference ®

Copyright © 2005, The Sedona Conference® www.thesedonaconference.org


The Sedona Conference®: What is it?The Sedona Conference®: What is it?

Founded in 1997 by Richard G. Braman, Esq.Profile on the website

Nonprofit 501(c)(3) research and educational institute

Dedicated to the advanced study of law and policy and moving the law forward in a reasoned and just way in three areas:AntitrustIntellectual property rightsComplex litigation



Started with conferences to “transcend” traditional CLECombine experience & limited attendance with

dialogueThe Sedona Rules: Leave the adversarial

system & client interests at the doorReturn home with new ideas & viewpoints:

2-day Mini-Sabbaticals to refresh & reinvigorate your analysis of the law



Developed “Working Group Series” (“WGSSM”) in 2002Transitory & focused think-tanks to develop

principles, guidelines & best practices in targeted areas “ripe” for development

Regular Season Conferences serve to both launch Working Groups & comment on output


The Sedona Conference® Dialogue ModelThe Sedona Conference® Dialogue Model

Achieving consensus from a wide variety of viewpoints

Different than the “debate” model of the adversarial system


The Sedona Conference®:Dialogue, NOT Debate

The Sedona Conference®:Dialogue, NOT Debate

“Debate: Assuming that there is a right answer & that you have it.

Dialogue: Assuming that many people have pieces of the answer &

that together they can craft a solution—

Debate: Listening to find flaws & make counter arguments.

Dialogue: Listening to understand, find meaning & agreement—

Debate: Defending one’s own views against those of others.

Dialogue: Admitting that other’s thinking can improve on your own.—

Debate: Seeking a conclusion or vote that ratifies your position.

Dialogue: Discovering new options, not seeking closure.”

* Excerpted from Daniel Yankelovich, The Magic of Dialogue (2001)


The Sedona Conference® WGSSM Focused Think-TanksThe Sedona Conference® WGSSM Focused Think-Tanks

WG1 (Electronic Document Retention & Production) organized in mid-2002Goal is to advance the reasoned & just development

of the law Built on breadth & depth of experience of invitees

(participants) & observersDesigned around the dialogue model of achieving

consensusEvolving, NOT static; address “tipping points”Life span based on need, goals & objectives as

determined by the Working Group


The Sedona Conference® WGSSM Focused Think-TanksThe Sedona Conference® WGSSM Focused Think-Tanks

Currently Seven Working Groups are up & running:WG1: Electronic Document Retention & ProductionWG2: Protective Orders, Confidentiality &

Public AccessWG3: The Role of Economics in AntitrustWG4: The Intersection of the Antitrust &

Patent Laws —WG5: The Markman Process & Claim ConstructionWG6: International Electronic Information Mgt,

Discovery & DisclosureWG7: Sedona Canada


Example Working Group Process & Impact

WG1: Electronic Document Retention & Production

Example Working Group Process & Impact

WG1: Electronic Document Retention & Production


WG1: Why Did It Get Started?WG1: Why Did It Get Started?

FRUSTRATION: With CLEs With a confusing array of vendors & solutions With lawyers With lack of precedent, consistent guidance

OPPORTUNITY: To set forth concise principles To explain propositions & support To make a positive contribution to the reasoned

& just development of the law


A Step Towards Consensus Through DialogueA Step Towards Consensus Through Dialogue

Public comment version of The Sedona Principles published in 2003; revised in 2004

14 principles reflecting the law as it is OR ought to be:Provide practical solutions of immediate benefit to

the Bench and BarConcern for reasonablenessConcern for balanceConcern for longevity through scalability & flexibilityAllow for development & refinement over time


The Sedona Principles: ImpactThe Sedona Principles: Impact

Cited by courts (e.g., Zubulake)Cited in the national & local rules process

Proposed amendments to the Federal Rules of Civil Procedure

9th Circuit Draft Model Rule

Cited in numerous articles addressing e-discovery

Cited in briefs & submissions to courtsUsed as resource in numerous judicial

& legal education programs


The Sedona Principles: Impact cont.The Sedona Principles: Impact cont.

Used as a resource in college coursesUsed as a resource for businesses,

large & smallUsed as a resource by vendors Used as a resource for U.S. and other

governmental agenciesAvailable for free download for individual

use from The Sedona Conference® websiteAvailable on Westlaw and Lexis


The Sedona Conference® : Going Beyond Debate to Dialogue

The Sedona Conference® : Going Beyond Debate to Dialogue

Work Products Include: Important background Legal and policy context Roadmap of issues

Work Products Provide: Presumptive guidance on issues addressed Flexible, scalable & immediately useful resource for Bench

and Bar

Work Products are NOT: Absolute statements of law Unchangable


The Sedona Conference® Incorporating It’s Perspective into

Your Personal & Professional Life

The Sedona Conference® Incorporating It’s Perspective into

Your Personal & Professional Life

Give of your time to efforts to improve the practice & administration of the law to benefit society as a whole

Practice law at a “higher level” — challenge yourself to make whatever area you are in, better

Work with others to build consensus & achieve positive change

Take time to retreat & evaluate what you do (and why) on a regular basis

Keep perspective & balance in all areas of your life


For further information onThe Sedona Conference®

Visit website:www.thesedonaconference.org

For further information onThe Sedona Conference®

Visit website:www.thesedonaconference.org

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Copyright © 2005, The Sedona Conference ®