Neutral evaluation is often a great ADR technique where the core of the case is going to involve expert testimony. To a large extent this is already being done in certain countries with the use of special masters in complex litigation, particularly construction defect litigation. However this method is not a frequently used ADR method in Sri Lanka. As far as timing goes, sometimes neutral evaluation will be an effective tool when used early in a case, while in other cases it may be most effective if it's used near the end of the case and sometimes it won't be an effective tool at any point. Likewise, there are no precise guidelines for determining whether neutral evaluation is the best process for a particular case or not. However, publicly traded companies have seen value in using Neutral Evaluation in a case before it goes to the Complaint stage (ADR Chambers, 2012).
Thursday, July 12, 2012
Frequency of use of neutral evaluation
Neutral evaluation is often a great ADR technique where the core of the case is going to involve expert testimony. To a large extent this is already being done in certain countries with the use of special masters in complex litigation, particularly construction defect litigation. However this method is not a frequently used ADR method in Sri Lanka. As far as timing goes, sometimes neutral evaluation will be an effective tool when used early in a case, while in other cases it may be most effective if it's used near the end of the case and sometimes it won't be an effective tool at any point. Likewise, there are no precise guidelines for determining whether neutral evaluation is the best process for a particular case or not. However, publicly traded companies have seen value in using Neutral Evaluation in a case before it goes to the Complaint stage (ADR Chambers, 2012).
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