Parties negotiate search terms, connectors, and custodians to define the review population. Agreements typically address term lists, whether hit counts will be exchanged, and the process for revising terms.
Terms are commonly memorialized in the ESI protocol.
Alternative Names:
Search Term Agreement, Keyword Negotiation
Why it Matters?
Negotiating terms without hit count data produces bad agreements, since a term generating two hundred thousand documents and one generating forty look identical on a list. Exchanging hit counts before finalizing lets both sides identify overbroad terms and negotiate around them. The other recurring problem is agreeing to terms without testing whether they actually retrieve responsive material, which validation addresses.
Frequently Confused with
Related terms
Frequently asked questions
Why exchange hit counts during negotiation?
Should agreed terms be revisable?
