Neutral Evaluation

The Court held its first neutral evaluation pilot program during the spring 2025 Settlement Week. The court’s second part of the neutral evaluation pilot program will be held during the Fall Settlement Week, October 20-24, 2025.

What is Neutral Evaluation?

Neutral Evaluation is a structured but informal process where two neutral evaluators, experienced professionals, assess the strengths and weaknesses of each party’s position. This evaluation helps parties and their attorneys make informed decisions about their case and explore possible resolutions.

Neutral Evaluation is a confidential process similar to mediation, but it is not mediation. It is also less formal than litigation. Sessions typically last three hours and include case presentations, discussions, and feedback from the evaluators.

Benefits of Neutral Evaluation:

  • Enhances direct communication regarding parties’ claims and supporting evidence.
  • Provides an independent, expert assessment of the merits of the case.
  • Identifies and clarifies key issues in dispute.
  • Encourages settlement discussions when requested by the parties.
  • Reduces litigation costs and expedites case resolution.
  • Helps parties avoid unnecessary delays and the stress of prolonged litigation.

Improves case preparation by identifying areas of agreement and focusing pre-trial efforts.

Who are the evaluators?

Evaluators are experienced professionals, such as magistrates, attorneys, mediators, social workers, or counselors, depending on the case. Additional experts, such as guardian ad litems or financial advisors, may also be involved when necessary.

How does the process begin?

The assigned judge or magistrate will approve the referral for Neutral Evaluation through a Referral Entry/Order, which will also set a date for a post-evaluation hearing.

After the referral:

Scheduling: Parties and their attorneys must contact the Dispute Resolution Department to schedule the session.

Court Notice: The court will issue a Participation Entry/Order that includes the session's date, time, and location.

Payment: The neutral evaluation fee must be paid within 14 days of the Participation Entry/Order.

What happens next?

Each party, with their attorney if applicable, must submit a Perspective Brief to the Dispute Resolution Department at least 14 days before the session.

Briefs should be sent via email (DRJ_DisputeResolution@fccourts.org) with the subject line “Neutral Evaluation Brief Case No. XXXXXXX” or by fax to (614) 525-3748.

The brief provides an overview of the case and helps evaluators understand the core issues.

Briefs are confidential, not filed with the court, and will be shredded after the process.

The Dispute Resolution Department will exchange briefs between the parties once both are submitted.

Late or missing briefs may result in session cancellation and/or sanctions at the discretion of the court.

What happens during the session?

The evaluators will facilitate a respectful and cooperative discussion, ensuring each party has the opportunity to be heard. The process includes:

Introduction: Evaluators explain the process and ground rules.

Case Presentations: Each party presents their side, with attorneys helping keep things focused and remind them of important information (approximately 15 minutes each).

Attorneys will also have a brief opportunity to supplement their clients’ presentations (approximately 5 minutes).

Presentations are conducted without adherence to formal rules of evidence and without direct or cross-examination.

Discussion and information gathering: Evaluators may ask questions to gather more information and clarify important points (Approximately 20 minutes).

Evaluator assessment: Evaluators privately discuss the case and provide their impartial assessment (approximately 30 minutes).

Feedback and additional options: Evaluators outline the strengths and weaknesses of each position and assess a probable outcome of the case if the matter was presented at trial.

Review and consultation. Each party may then meet privately with their attorney to review and discuss possible options after hearing the evaluation.

What happens after the Neutral Evaluator session?

If a full or a partial settlement is reached, the agreement may be on the record, or evaluators may require that it is written up and submitted to the judge or magistrate.

If further details need to be resolved to reach a full settlement, the matter may be referred to private mediation or the court’s mediation services program.

Regardless of the outcome, the evaluators:

  • Will notify the court of the outcome by completing an Outcome Notice that the Dispute Resolution Department will file to your case.

  • Will not participate further in the case and are not permitted to testify during litigation. The evaluators’ assessment and statements are not admissible in court.

  • If settlement discussions do not occur or do not resolve the case, the evaluators may:

  • Help parties develop a plan for exchanging critical information and completing necessary discovery.

  • Provide a realistic assessment of litigation costs.

  • Suggest follow-up steps to improve case development or encourage settlement.


    Additional Notes

    On the scheduled date, all parties and attorneys must report to the court on time.

    No additional individuals may attend unless prior written approval is obtained.

    Rescheduling is only permitted if a motion is filed with the court and good cause is shown.

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