Practice: Neutral Analysis

Fine-tune your strategy with JAMS Neutral Analysis

Unbiased, confidential case evaluation from the best legal minds in the business. It's the power of difference™ only JAMS delivers.

How does your case strategy appear to an experienced, neutral third party? Which claims might be the riskiest or most successful? How would a judge, jury or arbitrator respond to your witnesses and experts? What's the best way to position your dispositive motions? How will controlling legal precedents be applied? Should you consider settlement or move forward with a trial or appeal? What are your chances on appeal?

JAMS Neutral Analysis provides attorneys with advisory opinions on such questions, allowing you to fine-tune arguments, reassess settlement options, manage client expectations — and ultimately proceed with heightened confidence and a winning strategy.

A Deep Bench of Experts
JAMS offers clients access to an unparalleled panel of highly respected neutrals, including federal, state and appellate judges, former litigators and transactional attorneys from diverse backgrounds and practice areas. They blend decades of bench and bar experience with extensive ADR expertise to offer confidential evaluations and valuable insights into the strengths and weaknesses of your case.

Non-binding, Tailored Processes
JAMS Neutral Analysis refers to a range of non-binding processes in which one or more parties retain a neutral to deliver an evaluation, either in person or via written report, based on the merits of the case. Neutral Analysis typically involves review of factual and legal positions either through briefs, oral arguments, mock exercises or an evaluation of what a likely jury outcome might be. These processes, which can be tailored to address the needs of virtually any type of case and utilized at any stage of litigation or arbitration, include:

  • Pre-file neutral evaluations
  • Written case evaluations (brief-based)
  • Evaluative summary judgments
  • Second opinions
  • Mock exercises (oral arguments, Markman Hearings, bench and jury trials, arbitrations, appellate hearings)

Creative Applications
Attorneys and their clients have utilized JAMS Neutral Analysis in a wide variety of disputes and continue to find new ways to take advantage of this beneficial resource. Neutral evaluations can be used for a discreet issue or an entire matter. They can range from informal, telephonic consultations to evaluations of complex, high-stakes matters, where such analysis can even predict the precedential impact of an adverse ruling on an industry.

Case evaluations involving a panel of three or more neutrals allow attorneys to weigh a range of independent, expert opinions that closely replicate your sitting judge or arbitration panel.

Mock arguments give you a chance to test trial strategies and provide leverage for settlement negotiations. Mock arbitrations, especially in large disputes and/or those involving foreign parties, act as "dry runs" to familiarize participants with rules and procedures.

Representative Matters
JAMS neutrals have provided unbiased, confidential evaluations in hundreds of cases of all types, including:

  • Neutral evaluation of the enforceability of contract modifications between insurers
  • Neutral evaluation of matrimonial estate in preparation for divorce/dissolution
  • Neutral evaluation of expert testimony
  • Neutral appraisal of corporate board election process
  • Neutral appraisal of a lawsuit brought by former professional athletes against a professional American sports league
  • Neutral investigation of cooperative housing complex accused of sexual orientation bias in acceptance of new shareholder (resident) applications
  • Mock oral argument on issues of class certification
  • Mock appellate argument involving securities violations and damage liabilities in excess of $3B to more than 45,000 claimants
  • Mock arbitration of a power plant construction matter
  • Mock bench trial in preparation for litigation in major environmental disaster
  • Mock summary judgment for declaratory relief and damages arising out of a contractual assumption of liabilities related to sale of safety products business, involving thousands of underlying product liability claims
  • Appeal concerning summary judgment ruling on a class action lawsuit over real estate commissions

Resolution Centers Worldwide
JAMS is the world's largest private provider of ADR services, with 26 offices in North America and Europe as well as affiliate offices in Italy, Ireland and The Netherlands.