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Neutral
evaluator intervenes in lawsuit for purpose of narrowing the issues, case
management & possibly assisting in settlement. Evaluation sessions
typically within 60 days after case filed. Parties may submit written
statements & make short, informal presentations at evaluation session.
Evaluator then facilitates discussion identifying areas of agreement. May
also provide informal advise as to probable results, and suggest
settlement proposals. Voluntary, contractual or court ordered.
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Abbreviated
case presentation by lawyers & witnesses (usually experts) before panel
usually of three. Neutral panel member uses mediation skills to
facilitate settlement & may present written opinion on merits if
requested. Voluntary. |
Abbreviated
case presentation before jury, generally conducted after discovery
substantially completed and trial date near. Judge gives brief statement
of law and encourages jury to reach a unanimous verdict as to liability,
as well as to damages, even if no liability found. Jury may not be
advised of advisory nature of verdict. Court may permit parties to
question jurors. Settlement negotiations generally follow. Voluntary.
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