Neutral Evaluation is a confidential and without prejudice advisory process, where a neutral person is engaged the parties to assist their resolution of a dispute. The neutral is chosen on the basis of their knowledge of the subject matter, and the process may involve presentation of briefs, oral testimony and evidence of witnesses. Neutral Evaluation is used when resolution of the dispute requires an evaluation of both facts and law. It is particularly useful where the disputing parties have diametrically opposed perceptions about the law affecting their dispute or about the weight and effect of the evidence.
The Neutral will render a non-binding opinion of likely outcome at trial, which may be reduced to writing and could become admissible at the hearing. Early Neutral Evaluation can make it easier for more constructive negotiation between the parties, and could itself lead to an amicable settlement of their dispute.