EARLY NEUTRAL EVALUATION

Early Neutral Evaluation is a consensual, confidential, and relatively informal process in which parties to a dispute use the services of an independent, neutral evaluator to provide a non-binding evaluation of the facts, evidence, and legal merits of the matters in dispute.

Early Neutral Evaluation allows an extraordinary amount of flexibility and informality that blends the advantages of a judicial settlement conference, mediation, and independent expert determination of the dispute and allows the parties to effectively choose their own ‘judge’.

The process is specifically designed for disputes which are already in litigation or arbitration. Generally, all types of disputes are suitable for Early Neutral Evaluation provided that the parties and their representatives are committed to the prompt and cost effective resolution of the dispute and they are prepared and committed to participating in the process in good faith.

The evaluation issued as a result of the process is not binding on the parties (unless they agree otherwise). Rather, the evaluation provides the parties with an independent assessment or evaluation of the issue that has arisen between them

 

The purpose is to obtain an independent, objective, and non-binding evaluation of a case.

Royden Hindle

Arbitrator, Mediator, Construction Adjudicator

Neutral Evaluation Revisited

by Royden Hindle [1] Neutral evaluation is a relatively little-used tool in the dispute resolution toolbox. Certainly, it has potential drawbacks: a party who is disappointed by an evaluator’s assessment may be slow to accept the outcome, while a party who feels...

Early Neutral Evaluation Rules

BDT provides parties with default rules to govern the Early Neutral Evaluation process.

Whilst the parties are able to agree a modified process with the evaluator, this provides an efficient and credible framework as a default.

Early Neutral Evaluation Fees

BDT provides a fully administered, Early Neutral Evaluation service for disputes of all values.

Our fees are calculated in proportion to the amount in dispute, giving you the most efficient and effective service.

Early Neutral Evaluation Resources

Access copies of our Early Neutral Evaluation Agreement, Protocol, and Confidentiality Agreement.

We also provide access to guides and resources relating to the Early Neutral Evaluation process.