What is Neutral Evaluation?

In a Neutral Evaluation, an independent evaluator is appointed by the parties to give an assessment of the merits of their respective cases.  The independent evaluator considers the evidence from all parties and makes a non-binding decision on how they believe a court would rule on the case.

Our specialist evaluators can provide an experienced evaluation which may then be used as the basis for settlement negotiations.  Neutral Evaluation can be a stand-alone process or be part of, or be followed by, mediation, which can be used to help the parties reach a resolution.

The Evaluation is non-binding and without prejudice, so no reference can be made in any proceedings to what happened in the Neutral Evaluation process unless otherwise agreed by the parties.

Examples of when to use Neutral Evaluation:

Where:

> there is deadlock on an issue or issues in the case;

> there is a big difference between the parties’ positions;

> there is a preference for a private confidential process aiding resolution instead of a decision in a public forum;

> earlier resolution is preferred instead of experiencing the costs and the delays of the court process;

> one or more of the parties lacks experience in the relevant field or in respect of an issue or issues;

>after a failed mediation or

>after an inquest and before court proceedings.

The view the recording of our Neutral Evaluation webinar, click here.