Advantages
|
Disadvantages
|
The
process is non-binding.
There is no risk of obtaining
an unfavorable adjudication of one's case.
|
The Neutral Evaluation process can
be identified as adding an additional step or layer before getting to court
and thus postponing the eventual trial.
|
Flexible
It
is not governed by strict rules of procedure and evidence
|
There is concern about possible
duplication between Neutral Evaluation and other case management or dispute
resolution processes.
|
Neutral
Evaluation may reduce litigation costs:
This
is of importance both to corporate parties who wish to keep costs down and to
parties who otherwise might not be able to afford the cost of litigation.
|
Possible overall added costs to
litigation if the process does not produce settlement or if the process is
pursued in bad faith.
|
Neutral
Evaluation is widely applicable to civil cases of varying types and
complexity.
|
Procedural protections are
limited: abbreviated discovery and presentation may produce an inequitable
outcome.
|
Used
as a gatekeeper for other dispute resolution processes,
Neutral
Evaluation can pall the risk of not choosing the dispute resolution process
that is best suited for a particular dispute.
|
Neutral Evaluation may be
vulnerable to manipulation as it may be used to preview a counterpart's case;
or else, if pursued in bad faith (when a defendant agrees to the process, but
does not frankly cooperate), it may also be used as a dilatory tactic.
|
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- Contractors firms
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