Evaluation

A neutral can provide feedback about case strengths and weaknesses to disputing parties and attorneys.


Where litigating parties disagree regarding the scope and subject matter of discovery, “discovery referees” may provide a solution.
Where litigating parties agree that a respected neutral’s opinion of the parties’ positions may be useful, an early neutral evaluation (ENE) can potentially be used in lieu of formal discovery or may help clarify technical or factual issues. 
 A respected neutral’s evaluation of the parties’ positions may also be useful at later stages of traditional litigation when the parties can present their evidence and arguments to the neutral so that a confidential written evaluation may be obtained by the parties.
In higher-value or complex cases, a mock trial with a sample or advisory jury verdict after evidence is presented can enlighten the parties as to what to expect at a real trial and may encourage a settlement before proceeding to trial before an official judge or jury.