COLEGIO  DE MEDIACIÓN PROFESIONAL

 

EVALUACION NEUTRAL


NEUTRAL EVALUATION 

A neutral evaluator offers an advisory evaluation of the case following summary presentations by each party. "The neutral evaluator is responsible for evaluating the strengths and weaknesses of the case, providing a candid assessment of the merits of the case, settlement value, and a dollar value or range of potential awards if the case proceeds to trial. The evaluator is also responsible for identifying areas of agreement and disagreement and suggesting necessary and appropriate discovery." The neutral evaluation conference should be held at an early stage of the case, after the time for filing of answers but in advance of the expiration of the discovery period. The deadline for completion of the neutral evaluation process is 90 days of being placed in the program.

Neutral Selection
The parties have 21 days from the date the case is placed in the Neutral Evaluation Program to mutually select any person who they believe can assist them with the settlement of their case. When the neutral evaluator is selected by agreement of the parties, compensation shall be as agreed upon between the parties and the neutral evaluator. If the parties cannot agree upon the selection of a neutral evaluator or if they fail to notify the Trial Court Administrator's office of their mutual selection, the Court is required to deny the motion for authorization to use another settlement procedure and the court is required to order the parties to attend the Domestic Arbitration Program. 

Costs 
The costs of using a neutral evaluator, unless otherwise agreed to by the parties, shall be paid in equal shares by the parties. Time spent by a neutral evaluator reviewing materials in preparation for the neutral evaluation, conducting the proceeding, and making and reporting the award shall be compensable time. A party claiming to be unable to pay the neutral evaluator's fees may request that the Court determine their ability to pay the full share. Upon the Court granting a party exemption from paying the neutral evaluator's fees, the court may require that one or more shares be paid out of the marital estate.

Neutral Evaluator Requirements 
NONE.  Parties are free to select any person, whether an attorney or not, who they believe can assist them with the resolution of their case.