Features of the Neutral Evaluation

The central feature of Neutral Evaluation involves an informal, confidential, impartial and brief evaluation session of a dispute that may take place at any time, but preferably as early in the dispute as possible. Characteristics of a neutral evaluation are shown as follows (ADR Chambers, 2012);

Voluntary: 

It is non-binding on the parties as parties are free to accept or reject the outcome of the Neutral Evaluation. Parties must expressly agree to attempt settlement through the Neutral Evaluation process and may withdraw from the process at any given time.

Informal: 

There are no fixed evidentiary or procedural rules governing the process. Rather, the parties decide on the governing rules that may be set out in writing in the Neutral Evaluation agreement. This is a flexible process as its scope can be shaped by the neutral evaluator.

Confidential:

Neutral Evaluation is generally a confidential process, unless the parties agree otherwise. The parties should jointly establish the extent of confidentiality in a confidentiality agreement. This feature is further described in the latter part of the report.

Assisted: 

The neutral evaluator's role is that of an impartial third party who helps the parties identify the main issues in dispute, discusses the strengths and weaknesses of the parties' arguments, assesses the merits of the claims and renders an opinion on the likely outcome of the case in court.