Case evaluation, as its name implies, provides a non-binding and confidential means for the parties to a dispute and their counsel to obtain a reading as to how an experienced neutral views the merits of the case, including consideration of its strengths and weaknesses, the issues that are most likely to be decisive and the probable application of relevant legal principles.
The case evaluator should be prepared to carefully review the anticipated evidence and legal arguments and evaluate the strengths and weaknesses of the case in the light of his knowledge of the law and experience in the field. Such evaluation, to be useful, requires presentation of the expected evidence on both sides of disputed issues and discussion of the applicable law in an even-handed manner. Where that is done, case evaluation can provide both a useful reality check and helpful guidance as to effective presentation at trial.