Neutral Evaluation
Objective Insight. Better Decisions.
Sometimes the most valuable step in resolving a dispute is getting a trusted outsider’s view of how the facts, evidence, and legal arguments might be viewed by a judge, jury, or arbitrator.
Whether the evaluation confirms a party’s strategy or challenges its assumptions, my objective is the same: to help parties and counsel make better-informed decisions about where to focus their time, resources, and litigation efforts.
By identifying the strengths and weaknesses of each side’s position and highlighting the issues most likely to influence the outcome, neutral evaluation can help parties assess settlement opportunities, refine litigation strategy, narrow the issues, or determine the most effective path forward.
How Neutral Evaluation Can Help
Gain an Objective Perspective
Receive an independent assessment of the legal, factual, and practical issues affecting your dispute from a neutral experienced in evaluating complex commercial and employment matters.
Test Assumptions & Evaluate Risk
Identify the strengths and weaknesses of each party’s position, assess how key evidence, witnesses and legal arguments may be viewed by a decision-maker, and better understand the risks associated with continued litigation or arbitration.
Make Better Strategic Decisions
Use the evaluation to inform litigation strategy, business decisions, or the selection of the resolution process best suited to the parties’ objectives.
Identify Opportunities for Resolution
An objective assessment often helps parties narrow disputed issues, reassess litigation positions, and identify settlement opportunities.
Types of Matters
Early neutral evaluation may be particularly valuable in disputes involving:
- Commercial contract disputes
- Employment disputes
- Partnership and shareholder conflicts
- Business torts
- Fiduciary duty claims
- Privacy and technology disputes
- Other complex civil litigation
Frequently Asked Questions
Neutral evaluation is a process in which an experienced neutral provides an independent assessment of the legal, factual, evidentiary, and practical considerations affecting a dispute. It is often sought by a party or counsel seeking an objective outside perspective on the strengths and weaknesses of a case and how key evidence, witness credibility, or legal arguments are likely to be viewed by a judge, jury, or arbitrator.
Depending on the client’s objectives, the evaluator may review draft or filed briefs, evaluate oral argument presentations, and provide candid feedback on the strength of the evidence, legal arguments, anticipated witness testimony, and other factors likely to influence the outcome of the case.
Neutral evaluation can be valuable at virtually any stage of a dispute, including before litigation is filed, after the pleadings are complete, following significant discovery, before mediation, in preparation for a hearing or trial, or while evaluating settlement strategy or potential appellate issues. The timing, scope, and format of the evaluation should be tailored to the facts and legal issues presented, the procedural posture of the dispute, and the forum in which it will be resolved.
Mediation is a facilitated negotiation in which a neutral helps the parties communicate, evaluate their options, and explore settlement. The mediator’s role is to facilitate productive discussions rather than advise either party on the merits of its position.
Neutral evaluation, by contrast, is an advisory process typically sought by a party or counsel seeking an independent assessment of a dispute. Rather than facilitating negotiations, the neutral evaluator provides candid feedback on the strengths and weaknesses of the case, the likely impact of key evidence and legal arguments, and the risks associated with litigation, arbitration, settlement, or a particular course of action.
Many litigants seek a neutral evaluation before mediation, significant motion practice, or trial to better understand their case, refine their strategy, and make more informed decisions about how to proceed.
The parties typically provide selected pleadings, key evidence, legal briefs, contracts, correspondence, or other materials necessary to understand the dispute. The scope of the review is determined in consultation with the parties based on the goals of the evaluation.
No. Neutral evaluation is not intended to predict the outcome of litigation. Instead, it provides an outside assessment of the strengths and weaknesses of the parties’ positions, the legal and factual issues likely to influence the dispute, and the risks and opportunities that may affect future decision-making.
Depending on the parties’ needs and the purpose of the evaluation, the evaluation may be provided orally, in writing, or both.