Case Evaluation is a close cousin to conciliation. Typically, lawyers and their clients participate in explaining the factual and legal aspects of a dispute to the chosen case evaluator. Together the parties request the evaluator to offer a judgment on the merits, frequently assigning success percentages to each side or various claims but always accompanied by a thoughtful analysis of the facts and the law.
Case Evaluation is meant to convey a prediction, within some general parameters, of the likelihood of success of each party’s various claims. Such a candid and confidential assessment, and the process it involves, like all ADR offerings cannot be introduced into any legal proceedings. It is exclusively for the parties and their counsel. Because of the necessity for the evaluator to dig into the facts, the law, appreciate the potential impact of the parties’ positions and various claims before a jury or a judge, substantially more time is required for this ADR option compared to mediation or conciliation.