Advantages and disadvantages of neutral evalution - Quantity Surveying Practices

Thursday, July 12, 2012

Advantages and disadvantages of neutral evalution


Advantages
Disadvantages
The process is non-binding.
There is no risk of obtaining an unfavorable adjudication of one's case.
The Neutral Evaluation process can be identified as adding an additional step or layer before getting to court and thus postponing the eventual trial.
Flexible
It is not governed by strict rules of procedure and evidence
There is concern about possible duplication between Neutral Evaluation and other case management or dispute resolution processes.
Neutral Evaluation may reduce litigation costs:
This is of importance both to corporate parties who wish to keep costs down and to parties who otherwise might not be able to afford the cost of litigation.
Possible overall added costs to litigation if the process does not produce settlement or if the process is pursued in bad faith.
Neutral Evaluation is widely applicable to civil cases of varying types and complexity.
Procedural protections are limited: abbreviated discovery and presentation may produce an inequitable outcome.
Used as a gatekeeper for other dispute resolution processes,
Neutral Evaluation can pall the risk of not choosing the dispute resolution process that is best suited for a particular dispute.
Neutral Evaluation may be vulnerable to manipulation as it may be used to preview a counterpart's case; or else, if pursued in bad faith (when a defendant agrees to the process, but does not frankly cooperate), it may also be used as a dilatory tactic.

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