Natural Evaluation
Neutral evaluation is a form of alternative dispute resolution (ADR) where parties involved in a dispute seek an impartial assessment of their case from a neutral third party, known as the evaluator. Unlike mediation or arbitration, neutral evaluation does not necessarily result in a binding decision or settlement. Instead, it provides the parties with an expert opinion on the strengths and weaknesses of their respective positions, helping them make informed decisions about how to proceed with their dispute.
Here's how Natural Evaluation typically works:
Initiation of Mediation
parties involved in a dispute may agree to undergo neutral evaluation voluntarily, either before or after litigation has commenced. Alternatively, a court or administrative body may order parties to participate in neutral evaluation as part of a pre-trial or pre-hearing process.
Selection of Evaluator
The parties may agree on an evaluator themselves or use an evaluator appointed by a neutral evaluation service provider or court. The evaluator is typically an experienced professional with expertise in the subject matter of the dispute, such as a retired judge, attorney, or industry expert.
Submission of Evidence
Each party submits relevant evidence, documents, and legal arguments to the evaluator for review. This may include written submissions, witness statements, expert reports, and other supporting materials.
Evaluation Process
The evaluator reviews the submissions from both parties and conducts an impartial assessment of the strengths and weaknesses of each party's case. The evaluator may also identify key issues, legal principles, and potential outcomes relevant to the dispute.
Feedback Session
The evaluator meets with the parties, either separately or together, to provide feedback on their respective positions and share their assessment of the case. During this feedback session, the evaluator may offer insights, analysis, and recommendations for potential settlement options or further proceedings.
Confidentiality
Neutral evaluation proceedings are typically confidential, meaning that communications between the parties and the evaluator are privileged and cannot be disclosed to third parties without consent.
Decision-Making
While the evaluator's opinion is not binding on the parties, it can serve as valuable input for decision-making purposes. Parties may use the evaluator's assessment to inform their negotiation strategies, evaluate settlement offers, or prepare for litigation or other dispute resolution processes.
Neutral evaluation offers several benefits, including the opportunity for parties to obtain an impartial assessment of their case from an experienced professional, without the time and expense of a full trial or hearing. It can also promote settlement discussions by providing parties with a realistic understanding of their legal positions and potential outcomes. Neutral evaluation is commonly used in various contexts, including civil litigation, commercial disputes, employment disputes, and insurance claims.