Neutral Opinion

Equa, the dispute resolution centre, offers Neutral Opinion Services to clients and parties who are seeking guidance on whether to proceed with legal action. These services provide clients with a neutral and expert opinion from the legal professionals associated with Equa. Here is a detailed description of how Equa's Neutral Opinion Services work:

1. Matter Assessment: The process begins with the Equa legal team thoroughly understanding the matter and nature of the dispute. The clients or parties provide all relevant information and documentation related to the case, allowing the Equa legal professionals to gain a comprehensive understanding of the situation.

2. Legal Analysis: Based on the information provided, the Equa legal team conducts a detailed legal analysis of the case. They review applicable laws, regulations, and precedents to assess the strengths and weaknesses of the client's position and the potential outcomes of pursuing legal action.

3. Neutral Opinion Report: The Equa legal professionals provide a written Neutral Opinion Report to the clients or parties. This report outlines their assessment of the case and provides an impartial evaluation of the merits and potential risks associated with pursuing legal action. The report includes clear reasons and grounds for their opinion, helping clients make an informed decision.

4. Informed Decision-Making: The clients or parties can use the Neutral Opinion Report as a valuable tool for decision-making. It provides them with a neutral perspective on the feasibility and potential success of their legal claim. Armed with this information, clients can weigh the risks and benefits and make an informed decision about whether to proceed with legal action.

5. Confidentiality and Impartiality: Equa maintains strict confidentiality and ensures impartiality throughout the Neutral Opinion process. The Equa legal professionals provide unbiased and objective opinions, ensuring that the clients receive accurate and reliable guidance.

6. Supporting Legal Action: If the Neutral Opinion Report suggests that pursuing legal action is warranted, Equa can provide further assistance in initiating the legal process. Equa may recommend engaging legal counsel or offer referrals to experienced lawyers who specialize in the relevant area of law.

Equa's Neutral Opinion Services provide clients and parties with a neutral and expert assessment of their legal situation. By receiving a thorough analysis of their case and an unbiased opinion on the feasibility of legal action, clients can make well-informed decisions regarding the next steps in their dispute resolution process.

Non-binding, Tailored Processes

• 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. 

• Attorneys and their clients have utilized Equa Neutral Opinion 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.

The evaluation

• 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 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

Service

• Advise you on the most appropriate evaluator for your dispute

• Give guidance on likely costs

• Appoint the neutral of your choice or select one for you

• Provide support and guidance during the process

• We can also offer follow-up assisted negotiation or independent chairing where helpful.

Standing Neutral

A standing neutral is a trusted, independent expert adviser (or a panel of three advisers) chosen by contracting parties to help resolve any disputes that arise between them during the contractual relationship.

This is typically used in the context of a business relationship where long-term cooperation is paramount, such as projects undertaken in the construction and oil industries. It is seen as a first response technique, designed to prevent any problems from escalating into adversarial disputes.

Contracting parties who have arranged for a standing neutral are incentivized to concentrate on fixing the problem rather than fixing the blame. They use their mutual knowledge to reach a solution between themselves, instead of relinquishing control to the neutral.

Neutral Chairing

Businesses, boards and senior management teams are frequently faced with situations where they benefit from the involvement of an independent and impartial third party to facilitate progress.

Whether it’s because of stalemate in reaching a consensus or simply because the appointed Chair needs to play an active role in the debate, a neutral chair is invaluable in enabling discussions, problem-solving, building relationships within the team and managing difficulties or conflict.

Using essential mediation skills a neutral chair will reduce the risk of conflict becoming destructive and can provide a moderating influence where factional positions have developed. the better way service offers a means of facilitating communication in a wide range of circumstances that require both a sensitive and a pragmatic approach.