Case Evaluation is a confidential, non-binding process in which a lawyer with expertise in the subject matter of the litigation functions as a neutral evaluator of the case. Each side has the opportunity to present a brief summary of its evidence and legal theories.

The case evaluator assesses the strengths and weaknesses of each side’s case and assists the parties in narrowing the legal and factual issues. The case evaluator does not make a decision, unless the parties request a decision from an arbitrator. The case evaluation generally occurs early in the court discovery process and “streamlines” discovery and other pretrial aspects of the case. Frequently, the evaluation of the case will provide a basis for private subsequent settlement discussions or mediation. The parties may also request that the case evaluator mediate the dispute.

Tom Cauthorn has conducted case evaluations in cases as diverse as claims of fraud, divorce, wrongful death, and complex business disputes.