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ARTICLE · 18 JANUARY 2024

Neutral Analysis: An Overlooked Tool For Understanding And Handling Disputes

JAMS neutrals discuss how neutral analysis can make all the difference when it comes to successfully understanding and managing a dispute

United StatesLitigation, Mediation & Arbitration

Many attorneys may not be aware of a powerful tool that can assist them in understanding and settling disputes. Neutral analysis is an unbiased assessment of a case typically conducted by neutrals who are often retired judges or attorneys with specialized skills.

What is Neutral Analysis

Neutral analysis is tool that can be used to review, assess, critique and predict the impact of key essentials of the dispute, as well as uncovering themes and strategies that can be employed. It can also be helpful with case organization, reviewing legal issues and case dispositive possibilities, pertinent facts, evaluating witnesses, credibility and the best design for examination. Neutral analysis is an ideal way to assess evidence and evidentiary issues, approaches to remedies and damages, seek input on jury selection, provide a review of likely judges, panels or jury reactions. It can also be helpful for preservation of appellate issues and likely appellate judge or

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