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Early Neutral Evaluation Notes

BPTC Law Notes > Alternative Dispute Resolution Notes

Updates Available  

A more recent version of these Early Neutral Evaluation notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our Alternative Dispute Resolution Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ADR: EARLY NEUTRAL EVALUATION WHAT IS EARLY NEUTRAL EVALUATION?

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Assessment and evaluation of facts, evidence and/or legal merits of an issue/case as a whole Usually undertaken by parties jointly
* Can be undertaken by a single party in relation to their own case Parties appoint neutral third party to evaluate and provide an opinion on the merits of the case/issue Advisory and evaluative process Similar to evaluative mediation except that third party evaluates dispute without becoming involved in the negotiations between the parties (disengagement from negotiation process) Can take place within the court system - evaluation carried out by a judge. Private and confidential process Evaluator must be impartial If evaluator appointed via ADR provider, will operate under a code of conduct (may be same/similar to that of mediators) WHEN IS IT USEFUL TO USE EARLY NEUTRAL EVALUATION?

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Where parties would benefit from an unbiased evaluation of the case and likely outcome in order to decide how to proceed and/or assist in negotiations
* Even if parties do not agree to settle on basis of evaluation, it enables parties to appreciate strengths and weaknesses of case and facilitates settlement Particularly useful where a party has taken an unrealistic and entrenched view of the claim and need a reality check AT WHAT STAGE SHOULD EARLY NEUTRAL EVALUATION BE USED?

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Usually in early stages of the dispute, but could be used at any stage Can be carried out before or during mediation and litigation.
* Commercial Court - common for judge to carry out an Early Neutral Evaluation of the case APPOINTING THE EVALUATOR

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Type of evaluator depends on issues of case May be expert or neutral third party Parties can select or use provider Both parties will usually:
* instruct the evaluator,
* agree terms of the appointment and
* issues to be referred

Terms of Appointment

* Consider:
* Timing of evaluation,
* Whether reasons should be provided for the evaluation.

Buy the full version of these notes or essay plans and more in our Alternative Dispute Resolution Notes.