The neutral third party is experienced in the substantive area of the dispute.
The parties present their case in a brief narrative form and the neutral third party issues a "non-binding" recommendation.
This is a cost-effective approach for contract-interpretation disputes or where the parties have differing interpretations of the law.
An early neutral evaluation provides important information to the parties, which enables them to negotiate a more effective solution.
Lawyers who provide Early Neutral Evaluation Services
Note
These take the form of a five-way settlement discussion, which means that each party attends with his or her respective lawyer, in addition to the third party neutral, who is often a senior lawyer. These meetings are similar to the four-way settlement meeting with the added dimension of using a highly qualified individual to provide perspective. The role of the third party neutral or senior lawyer is to provide feedback on the various positions put forward so that one may get a better understanding of the strengths and/or weaknesses of one’s case. Everything done in this process is “without prejudice” so that the things discussed are non-binding and neither party can use what was said against the other in court or in an arbitration.