Checklist for Requesting Early Neutral Evaluation in Addition to Mediation

1. Make sure that all special damages have been calculated and verified before presentation to the mediator.

2. Consider the fact that medical bills may not be the actual amounts if paid by insurance. That is, if medical bills have been paid by a health insurance carrier such as Blue Cross/Blue Shield in the amount of $8,000 as opposed to $14,000 actual medical bills, you must consider this in your presentation.

3. Make sure that all loss of income has been documented and is not speculative.

4. Determine whether or not there are any problems with liability or comparative negligence that could either substantially reduce the value of your case or result in a defense verdict. In such cases, early neutral evaluation may be meaningless.

5. Prepare your opening statement at least two or three times, making sure that it is clear, objective, documented, and has appropriate demonstrative materials.

6. Use videos, diagrams, and photos to demonstrate clear liability.

7. Make sure the carrier does not object to the request for neutral evaluation before making the presentation. (Without permission, this could cause the insurance carrier to refuse further mediation.)

8. Prepare your client for any questions regarding injuries and damages.

9. Review all medical records to make certain there are no problems with pre-existing conditions, subsequent aggravating events, or other problems that can have an impact on damages.

10. Be certain the mediator has significant experience as both a plaintiff and defense attorney so that the value placed by the mediator will be credible to both parties.

11. Determine whether or not it is appropriate to indicate your own value. (In most cases, I believe it would be inappropriate to request neutral evaluation and then assert your own value during your presentation.)

12. Use charts on damages...