Note of clarification following the Neutral Evaluation webinar 5th October 2023

The Trust Mediation webinar held on 5th October about Neutral Evaluation gave rise to an interpretation that this form of ADR would always give rise to an offer in settlement, even where the evaluation favoured the defendant. The speaker in the webinar, David Pittaway KC, was speaking of his experience of neutral evaluation followed by mediation in high value claims involving insurers. Both he and Trust Mediation wish to make it clear that, where a defendant engaged in neutral evaluation is of the view that the claim is defensible, there would never be an obligation on the defendant to make an offer.

Tim Wallis, Trust Mediation