There is no reason why case appraisal cannot be used before litigation starts. All that is needed is enough preparation to present an accurate version of each side's position to the appraiser. Special rules apply where case appraisal is ordered by a Court. The mediator, selected for his or her expertise, plays an active role in trying to settle the dispute and in advising the parties towards a proper settlement. If they do not settle the matter, there is no decision binding upon them.
All discussions are in private, and what is said is confidential.
The parties negotiate directly, each with the assistance of an expert in their dispute. The experts can advise them, and guide them, towards an agreement. This procedure allows a formal presentation of each side's case to the other. Those with authority to settle attend. An expert presides, and assists the parties to clarify the issues.