The Case Evaluation Process at BDRS

Pre-session statements

Before the evaluation session, the parties will provide the
evaluator with copies or summaries of key pleadings or
discovery, and a written statement concisely setting forth the
party’s claims or defenses, as well as the party’s views of the
primary issues, claims or defenses of the other parties,
and settlement value.  This is an opportunity for each party
to make their respective cases in writing.

While BDRS encourages the exchange of information, it is up
to the parties to decide whether to give their respective
submissions just to the case evaluator or also to exchange
them among themselves.  In order to avoid confusion, 
however, the evaluator will assume that anything in the
submissions may be shared with the other parties at the
session, unless specific portions of a submission (such as, for
example, a discussion of settlement value not previously
shared with the other parties) are expressly noted as
confidential.

Sessions

Each session is tailored to the needs of the parties and the
nature of the issues, with joint and private sessions conducted
much as they are in a mediation.  At a case evaluation, 
however, it is likely that joint sessions will predominate, 
with private sessions used primarily to convey confidentially
sensitive information or trial strategy to the case evaluator.

Evaluator's opinion

The evaluator will issue an opinion either orally or in writing, as
requested and agreed by the parties.  Oral opinions can be given in a
follow-up conference call or short meeting of counsel.
 

Confidentiality

Case evaluation is protected by the same confidentially that
applies to mediation.  Please see the discussion of
Confidentiality in the Principles of Mediation for additional
information on this critical aspect of the process

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