Neutral Evaluation

• Enhanced communication - Supports direct discussion of claims and evidence.

• Independent assessment - Provides an unbiased evaluation of case merits.

• Issue clarification - Identifies and clarifies key disputed issues.

• Settlement support - Encourages settlement discussions when requested.

• Cost reduction - Helps reduce litigation expenses and expedite resolution.

• Delay avoidance - Minimizes unnecessary delays and the stress of prolonged litigation.

• Improved preparation - Highlights areas of agreement and focuses pre‑trial efforts.

A Judge or Magistrate approves the referral for Neutral Evaluation through the Referral Entry/Order form, which also sets a date for a post‑evaluation hearing.

After the Referral

• Scheduling: Parties or their attorneys must contact the Private Neutral Evaluator listed in the Referral Order to schedule the session.
• Court Notice: The Evaluator will complete a NE Status Update or, if it is a Settlement Week Case, the Court will issue a Second Participation Entry/Order with the session’s date, time, and location.
• Payment: The Neutral Evaluation fee must be paid to the Private Neutral Evaluator within the timeframe specified in the Entry/Order.

Evaluators are experienced professionals, such as magistrates, attorneys, mediators, social workers, counselors, or financial experts, depending on the case.

Each party, with their attorney if applicable, must submit a Parenting and/or Financial Perspective Brief at least 14 days before the session. Email the Dispute Resolution Department for the Perspective Brief Templates(s). The brief provides an overview of the case and helps evaluators understand the core issues.

Perspective Briefs must be sent directly to the Private Neutral Evaluator assigned to the case, the Dispute Resolution Department, and any opposing parties, using the subject line: “Neutral Evaluation Brief - Case No. XXXXXXX.”

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

The Private Neutral Evaluator will share the briefs with the co‑evaluator.

Late or missing briefs may result in session cancellation and/or sanctions at the Court’s discretion.

Evaluators facilitate a respectful, cooperative discussion and ensure 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 perspective (approx. 15 minutes each).
• Attorney Supplementation: Attorneys may briefly supplement their client’s presentation (approx. 5 minutes).
• Informal Format: Presentations occur without formal rules of evidence and without direct or cross‑examination.
• Discussion & Information Gathering: Evaluators ask questions to clarify key points (approx. 20 minutes).
• Evaluator Assessment: Evaluators privately discuss the case and develop an impartial assessment (approx. 30 minutes).
• Feedback: Evaluators outline strengths and weaknesses and provide a probable trial outcome.
• Review & Consultation: Parties may meet privately with their attorneys to discuss options after receiving the evaluation.

If a full or partial settlement is reached, the agreement may be placed on the record or written and submitted to the judge or magistrate.

If additional details must be resolved, the matter may hold additional sessions, or be referred to Private Mediation or the Court’s Mediation Services Program.

Regardless of the outcome, Evaluators:

• Will notify the Court by completing NE Status Update that is filed to the case.
• Will not participate further in the case and cannot testify.
• Will not have their assessments or statements admitted in court.

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

• Help parties develop a plan for exchanging critical information and completing discovery.
• Provide a realistic assessment of litigation costs.
• Suggest follow‑up steps to improve case development or encourage settlement.

All parties and attorneys must report to the Court on time, preferrable 15 minutes in advance of the start time.

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

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