Mediation and arbitration are well-known ADR processes. Less well-known is their cousin, neutral evaluation, which offers parties some of the best advantages of both. In a private, non-binding setting, a well-qualified neutral evaluator can provide one or multiple disputing parties with an objective opinion of the case, clarify complicated issues of fact and law and assist in discovery and motion planning. Through ADR Systems’ Neutral Evaluation Program, our neutral evaluators can prepare your case for early resolution via mediation or help you determine your best strategy for trial or arbitration.

How the Neutral Evaluation Program Works

The Neutral Evaluation Program combines the confidential, flexible informality of mediation with the fair, substantive and merits-based evaluation of arbitration – all in a non-binding context. Here, the neutral evaluator’s assessments guide, not decide, the case; they help parties improve upon what is already there.

In an in-person or remote session, parties present their case to their neutral evaluator(s), who will already have reviewed previously submitted legal memoranda, and tailor discussions of the case to the parties’ objectives: Do they want an assessment of the legal theories? Do they want the neutral evaluator to help them narrow, focus or identify other issues in the case? Do they want discovery planning assistance? Or do they want trial or arbitration strategy recommendations?

Parties may commence a neutral evaluation at ADR Systems by contacting one our case managers or submitting a case through our Neutral Availability or Contact forms. In addition to a session with their neutral evaluator, parties may – and often do – request a written evaluation from their neutral. If time is of the essence, parties can select ADR Systems’ fast-track option, meaning the neutral evaluation will generally be completed within 30 days from receipt of submissions.

Why the Neutral Evaluation Program Works

ADR Systems’ Neutral Evaluation Program works because it directly serves the goals and needs of the parties at almost any stage in the lifecycle of a case. A neutral evaluation is as broad or narrow in scope as the parties wish.

“Whatever guidance, assessments or recommendations counsel want and need about their case, we are there to provide,” said Hon. Dennis J. Burke, (Ret.), senior mediator and arbitrator at ADR Systems. “Our experience taking depositions, preparing for trial, arguing in the court room, sitting on the bench, instructing juries and mediating at the negotiating table empower us to help disputants work through whatever challenges they are having.”

The experience of our neutrals, however, is not the only reason why the Neutral Evaluation Program works for our clients. In a previous article, we noted that parties sometimes impede their own path to settlement by overestimating their case’s value and strengths and underestimating the other side’s arguments, the risks in their positions and the impact that their emotions have on the process. In advance of a mediation or any dispute resolution proceeding, the Neutral Evaluation Program gives counsel a “reality check” about their case: an unbiased appraisal of its verity, positive or negative, that counsel need to hear and may not yet see. In order to negotiate pragmatically or arbitrate more precisely, counsel must thoroughly understand the good and the bad of the case. From there, they can be more realistic and strategic in their effort to resolve their case for their client.

When the Neutral Evaluation Program Works

The Neutral Evaluation Program works best and most cost-effectively when counsel has gathered essential information about the case, which naturally implicates discovery. As one commentator noted, “if there is certain critical information that the parties just don’t know because they haven’t reviewed all the documents or interviewed all the witnesses, a ‘neutral evaluation’ may be neutral, but inaccurate as well, and it could possibly do more harm to a case than good.”

“Timing is, therefore, a judgment call by counsel,” said Hon. John P. Callahan, Jr., (Ret.), senior mediator and arbitrator at ADR Systems. “A useful indicator that you may want to work with a neutral evaluator is if you are asking these questions: What holes are there in my theory of liability? Are the issues focused enough? Have I gathered enough witness testimony, and are the depositions of my experts compelling? Are my case’s strengths really as strong as I think they are? Trust your instincts. They have served you well so far.”

Does Your Case Need a Neutral Evaluation?

Almost any case approaching mediation, arbitration or trial can benefit from a confidential outside perspective. Counsel are zealous advocates for their clients, but what perspectives are they not considering? Lawyers are taught to argue both sides of an issue in an exam, but that can be challenging. A neutral evaluation – a second head that’s better than one – helps counsel do just that and better represent their clients.

Learn more about our Neutral Evaluation Program at adrsystems.com.

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Hon. Dennis J. Burke, (Ret.) has expertise in both commercial and personal injury matters. Following a 23-year legal career, he spent 15 years in the Cook County Circuit Court Law Division. An early advocate of alternative dispute resolution, Judge Burke created a program to mediate complicated discovery disputes – a program that is still used in the Circuit Court today. Judge Burke is well known for his keen ability to build trusting relationships with all parties.

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Hon. John P. Callahan, Jr., (Ret.) brings enthusiasm, compassion and a broad base of experience in all aspects of the law to his practice as a senior mediator and arbitrator. His ability to resolve a wide variety of personal injury and commercial cases is supplemented by his time as an accountant and tax consultant. When not helping to resolve cases, Judge Callahan volunteers with adaptive athletic organizations that offer competitive or recreational sports opportunities for individuals with disabilities.

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