LEVERAGING NEUTRAL EXPERTS IN ADR
FOR REAL ESTATE DISPUTE RESOLUTION
Arizona Bar Association | April 17, 2025
PRESENTED BY:
Sally S. Duncan, Retired Superior Court Judge
Bruce D. Greenberg, FRICS, MAI, SRA, SRA
MODERATED BY:
Benjamin Greenberg
ARTICLES:
Each article is grouped by the slide it corresponds to, making it easy to follow along and dive deeper into specific topics covered in the presentation.
SLIDE 2 - Why Neutral Expertise and ADR Selection Matter
Neutral Analysis: An Overlooked Tool for Understanding and Settling Disputes
Author: JAMS
Publication Date: 2023
Summary: Introduces neutral analysis as a tool for evaluating case strengths and weaknesses to facilitate resolution.
Link: Neutral Analysis – JAMS
Early Neutral Evaluation: Getting An Expert’s Assessment
Author: American Arbitration Association
Publication Date: Approx. 2016
Summary: Outlines ENE process and benefits in early litigation.
Link: ENE – AAA
SLIDE 3 - Early Neutral Evaluation (ENE) as a Pre-Litigation Strategy
Early Neutral Evaluation: Getting An Expert’s Assessment
Author: American Arbitration Association
Publication Date: Approx. 2016
Summary: Outlines ENE process and benefits in early litigation.
Link:ENE – AAA
An International Review of Early Neutral Evaluation Programs and Their Development
- Author: Kaitlin A. Roh
- Publication Date: 2023
- Summary: Comparative study of ENE implementation across jurisdictions.
- Link: University of Calgary
Mandating Early Neutral Evaluations: Efficient or Excessive?
- Author: William J. Baker
- Publication Date: 2022
- Summary: Critiques mandatory ENE and explores effectiveness in civil cases.
- Link: Pepperdine Dispute Resolution Law Journal
SLIDE 4 - Practical Roadmap for Implementation
Judicial-ish Efficiency: An Analysis of ADR and Settlement in Federal District Courts
- Author: Michael P. Fix
- Publication Date: 2022
- Summary: Examines ADR efficiency in federal court systems.
- Link: Washington & Lee Law Review
The Role of Mediation and Arbitration in Resolving Real Estate Disputes
- Author: Peterson Law LLP
- Publication Date: 2024
- Summary: Emphasizes the flexibility of ADR in real estate matters.
- Link: Peterson Law Article
SLIDE 5 - Integrating Experts into Mediation & Arbitration
Dispute Resolution Process: Combining Mediation and Arbitration with Med-Arb
- Author: PON Staff
- Publication Date: 2024
- Summary: Explains the hybrid Med-Arb structure and when it works.
- Link: PON – Harvard
Neutral-Driven Dispute Resolution — The Missing Piece of ADR
- Author: Robert A. Cole
- Publication Date: 2022
- Summary: Argues for proactive, expert-led resolution in ADR.
- Link: Florida Bar Journal
SLIDE 6 - Understanding Expert Bias in Private Disputes
What is a Neutral Third Party?
- Author: PON Staff
- Publication Date: 2025
- Summary: Defines the function and importance of neutrality in ADR.
- Link: PON – Harvard
SLIDE 7 - Med-Arb and the Dual Role of Neutrals
Combinations of Mediation and Arbitration with the Same Neutral: A Framework for Judicial Review
- Author: Ellen E. Deason
- Publication Date: 2013
- Summary: Legal analysis of dual-role neutrals in ADR and due process.
- Link: Scholarly Article
Getting Your Most Beneficial Dispute Resolution by Combining ADR Processes
- Author: PON Staff
- Publication Date: Approx. 2018
- Summary: Explores how combining ADR formats improves outcomes.
- Link: PON Article
SLIDE 8 - Ethical Considerations for Attorneys and Neutrals
Judicial-ish Efficiency: An Analysis of ADR and Settlement in Federal District Courts
- Author: Michael P. Fix
- Publication Date: 2022
- Summary: Examines ADR efficiency in federal court systems.
- Link: Washington & Lee Law Review
The Role of Mediation and Arbitration in Resolving Real Estate Disputes
- Author: Peterson Law LLP
- Publication Date: 2024
- Summary: Emphasizes the flexibility of ADR in real estate matters.
- Link: Peterson Law Article