Jury Still Out On Predictive Coding

In the world of e-discovery, they are sometimes equated, but there is a distinction between technology-assisted review (TAR) and predictive coding, says Brajesh Mishra, and it’s a distinction that budget-conscious litigators are well advised to understand. Predictive coding is a subset of TAR, and among TAR technologies it is distinguished by two characteristics that should draw close scrutiny: It’s relatively opaque, and it’s relatively costly. Moreover, some of its costs are not always obvious, including the cost of human reviewers who have to step at the beginning of the process and sometimes along the way as well. Predictive coding can be useful, but a decision to use it should be based on the nature of the case and the venue.