One of the alternative dispute resolution processes currently recognized in Utah is that of early neutral evaluation. By statute, it is defined as "a confidential meeting with a neutral expert to identify the issues in a dispute, explore settlement, and assess the merits of the claims". See 78B-6-202 (7).
In practice, this generally involves a case that has already been filed with the court system but may, by agreement of the parties, be used prior to the initiation of legal action. The parties and their counsel would retain an expert, generally, but not always a lawyer, who has experience in the area of the dispute and who has a thorough understanding of legal claims, existing law and precedence.
The meeting is confidential in that what the parties present to the expert is not admissible in court and the expert"s assessment of the case, whether orally given or reduced to writing, is not admissible in court.
The process is most effective when the parties understand that it is to obtain the opinion of a neutral, but informed person, to help them better understand and evaluate the strengths and weaknesses of their claims and to provide a greater incentive for the parties to reach an out of court resolution.
If I am asked to provide a neutral evaluation, I will insist that the parties sign an Agreement (click here) to define the rights, roles and limitations of a neutral evaluation.