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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.
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