Neutral Analysis

JAMS recently posted an interesting article about what they call “Neutral Analysis”. Not unlike Early Neutral Evaluation (ENE), a mock trial, or even a mini-trial, the concept focuses on the input of a skilled neutral who can help assess a case’s strengths and weaknesses in order to get to resolution much quicker and more economically.

“Neutral analysis allows counsel and the client to plan and customize an effective approach. The presentation can be based solely on written materials or in-person presentations, or a combination. The subject matter may be part of the case or the entire case. Neutral analysis delivers critical insights that can be invaluable to attorneys as they develop their strategy.”

The key, though, is recognizing that a neutral will present an unvarnished and impartial evaluation. The neutral will say what is needed to be said … and sometimes that is not what clients (or even the attorneys) want to hear. The process is only as good as the open-mindedness of the people involved. “Attorneys and their clients are open and honest with the neutrals. That means sharing the good, the bad and the ugly of the dispute. Open information flow is imperative to get the most value out of the analysis.”

To read more about Nationwide ADR services, click here.

To read the article, click here.