Important COVID-19 Update

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These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, adjudicators, arbitrators and mediators are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

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.