The process of neutral evaluation & why it benefits divorcing couples in North Carolina

Neutral evaluation is an informal, confidential, voluntary and nonbinding dispute resolution technique. It can stand on its own or it can be integrated into other dispute resolution methods such as mediation. The overriding purpose of neutral evaluation is to attempt to reduce litigation costs and enhance the possibility of an early settlement of legal disputes.

Neutral evaluation is a process where a party or party's attorney, or where the parties and their attorneys, present their facts and issues in an abbreviated form to a neutral evaluator who has experience with the types of matters which are in controversy. It is most often done and is most beneficial when done at an early stage in a controversy.

The neutral evaluator is responsible for identifying the main issues in dispute, discussing the strengths and weaknesses of the case, and for providing a nonbinding and candid assessment of the merits of the case in order to facilitate the possibility of an early resolution of the dispute.

The presentation of the case to the evaluator may be formal or informal. It may be done in written form or may be done orally. There is no rigid format to be followed and may take into account the particular circumstances of the parties, such as their availability, their desire for privacy and their readiness to litigate.

Typically, once the parties have presented their facts and positions to the evaluator, and after those facts and positions have been thoroughly discussed, the evaluator will make an oral report in the presence of the parties and their attorneys and attempt to answer the question as to whether the parties are being realistic regarding their belief as to the outcome of their case if it were to proceed to court.

Naturally, parties to a dispute are generally biased toward their own position and are often unable to assess objectively the legitimacy of the other party's position. This process allows the parties to ask questions of the evaluator and to have a "reality check" of their beliefs as to the strength of their positions.

Some clients and their attorneys prefer that an evaluation occur prior to litigation and/or in the absence of the opposing party so that a client can hear from a neutral who is experienced in the law affecting their case what that neutral believes will be the most likely outcome of the case.

In family law cases in particular, neutral evaluation empowers families by giving them more control over their futures more quickly and economically than litigation. It can assist them in understanding what would happen if they cannot reach an agreement and can be especially useful in avoiding the adversarial elements of litigation which often make it difficult to continue a productive future relationship such as in parenting their children.

As a component of a mediation process, neutral evaluation may be useful in several different ways. One method is that the mediator can provide a nonbinding settlement suggestion which is intended to provide a neutral perspective and which may become the foundation for an agreement.

At Fisher Stark Cash, we have the unique skill set of former Chief District Court Judge Gary Cash. He has 25 years of judicial experience, with particular concentraion in the areas of custody, divorce, alimony, child support and equitable property division. He is pleased and honored to assist divorcing couples as a neutral evaluator. We serve families in Western North Carolina, including Asheville, Black Mountain, Waynesville, Hendersonville, Morganton and Hickory.

Judge Cash's Mediation Calendar.

If you would like a case evaluation, please contact us today by calling 1-828-505-4300.