Early Neutral Evaluation Fees
Cost clarity for neutral evaluation
Neutral evaluation is often used where the parties need an independent view before incurring further litigation costs. Fee clarity is therefore important. Trust ADR provides fee indications or fixed-fee proposals based on the scope of the evaluation, the complexity and value of the dispute, the documents to be reviewed and whether the process is paper-only or includes an oral hearing. Where the scope is clearly defined, a fixed fee can usually be provided before the evaluation begins.
The objective is to give legal teams a clear basis for advising clients, obtaining approval and assessing proportionality.
| Issues To Be Evaluated | Fee |
|---|---|
| Liability & Quantum | From £2,500 + VAT |
| Liability Only | From £1,500 + VAT |
| Quantum Only | From £1,500 + VAT |
The exact fees depend on the value of the claim and are to be split equally between the parties unless they agree to an alternative arrangement (for example a defendant may agree to pay the whole fee where liability has been admitted).
What the fee may include
A neutral evaluation fee will usually include:
- Reading of the evaluation bundle
- Consideration of written submissions
- Preparation by the evaluator
- Delivery of an oral or written evaluation, depending on the agreed format
- Administration of the evaluation timetable
- Clarification of scope before the process begins, where needed
Where the matter involves a large document set, multiple issues, multiple parties or an oral hearing, the fee may reflect the additional time required.
Paper-only evaluation costs
A paper-only process can be a proportionate option where the issue is focused, and the parties can present their positions clearly in writing. It may reduce cost and time compared with a hearing-based process.
This format may be suitable for discrete issues such as limitation, liability, causation, the interpretation of expert evidence or a disputed element of quantum.
Oral evaluation costs
An oral evaluation (online or in person) may be more appropriate where legal representatives need to explain the evidence, advocate for their position or respond to questions from the evaluator. This format can provide more flexibility, but it will usually require more time and may therefore cost more than a paper-only assessment.
The parties should consider whether the additional cost is justified by the nature of the dispute and the value of the issue being evaluated.
Assessing proportionality
The cost of neutral evaluation should be assessed against the likely cost of continued dispute. If a single issue is preventing settlement, an evaluation may help avoid further expert evidence, procedural applications, prolonged correspondence or trial preparation.
It may also support internal decision-making. Insurers, claims teams, public bodies and clients may benefit from an independent view when deciding whether to settle, continue, revise an offer or obtain further evidence.
How fees are agreed
Before the evaluation begins, the parties should agree on the scope, format, timetable, documents and any limits on the evaluator’s role. Trust Evaluation can then provide a fee indication or fixed fee based on those factors.
This helps avoid uncertainty and supports clear client communication. If the agreed scope changes, any effect on cost should be confirmed before further work is undertaken.
Cost Compared With Litigation
Neutral evaluation does not guarantee settlement, but it can provide a focused assessment at a defined cost. Compared with the uncertainty of continued litigation spend, this can be commercially useful.
Even where the case proceeds, the evaluation may help clarify the key issue, narrow the dispute or support a later mediation.
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FAQs
Cost depends on the scope, complexity, number of issues, document volume, number of parties and whether the process is paper-only or oral (in person or online).
It usually includes document review, consideration of submissions and delivery of the evaluation in the agreed format.
The cost should be assessed against the likely cost of continuing the dispute, including further evidence, correspondence, applications, trial preparation and solicitor or counsel time. The comparison will depend on the value, complexity and stage of the claim.
It can be, particularly if it narrows the dispute, supports internal decision-making or helps avoid unnecessary further work.
Yes. A fee indication can be provided once the scope and format are understood.
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Initial Conversation
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Mediator Selection
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Preparation
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Mediation Day
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