Chapter 21 - § 21.8 • EARLY NEUTRAL EVALUATION AND FACT FINDING

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§ 21.8 • EARLY NEUTRAL EVALUATION AND FACT FINDING

The Dispute Resolution Act defines early neutral evaluation as "intervention in a lawsuit by a court-appointed evaluator to narrow, eliminate, and simplify issues and assist in case planning and management. Settlement of the case may occur under early neutral evaluation."422 The basic theory supporting this approach is that if the parties understand the issues, settlement is more likely. Adding to that, the evaluation of the claims by a neutral may further enhance the settlement process. Lastly, having a neutral assist in case planning and management may substantially reduce the cost of litigation or arbitration. The evaluator need not be...

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