Early Case Evaluation: Also known as Early Neutral Evaluation, Early Case Evaluation is a process in which a lawyer with expertise in the subject matter of the dispute acts as a Neutral Evaluator of the case. It is a flexible, informal and confidential process in which each party is given an opportunity to present its case to the Neutral Evaluator, who provides a non-binding opinion on the evidence and arguments presented by each party and, if requested, may provide suggestions for resolving the dispute. Early Case Evaluation can take place prior to trial, arbitration or mediation.
The Goals of Early Case Evaluation:
The Process of Early Case Evaluation: The Neutral Evaluator holds an informal meeting of the parties and their attorneys at which the following occurs:
Preservation of Rights: The parties' formal discovery, disclosure and motion practice rights are fully preserved. The confidential evaluation is non-binding and is not shared with the mediator, arbitrator or trial judge. The parties may agree to a binding settlement. If no settlement is reached, the case resumes its original track.
Note: The descriptions and discussion above represent the approach of Construction Dispute Solutions, PLLC and the opinions of its principal.
Working with its National Construction Dispute Resolution Committee (NCDRC), the AAA created new Supplementary Rules for Fixed Time and Cost Construction Arbitration that will allow parties to calculate the maximum time to complete the arbitration, the number of hearing days, and the arbitrator costs. Learn more on the AAA website: http://go.adr.org/FixedTimeandCost