QS Practices

The main feature of the neutral evaluation involves an informal, confidential, unbiased and concise evaluation session of a dispute that may take place at any time, but preferably as early in the dispute as possible (Dispute Prevention and Resolution Services, 2006). Out of those charact…

Neutral Evaluation (NE) is quick, inexpensive and confidential. NE allows an unexpected amount of flexibility and informality that combines the advantages of a judicial settlement conference, mediation, and independent expert determination of the dispute and allows the parties to effect…

Neutral evaluation is often a great ADR technique where the core of the case is going to involve expert testimony. To a large extent this is already being done in certain countries with the use of special masters in complex litigation, particularly construction defect litigation. However…

Early Neutral Evaluation used early on in a case, can help drive what discovery is and is not needed, to get the parties to a quick, but informed mediation.  Hence, the speed of the resolution method is higher than any other ADR method. Neutral Evaluation can be applied for certain cases…

Advantages Disadvantages The process is non-binding. There is no risk of obtaining an unfavorable adjudication of one's case. The Neutral Evaluation process can be identified as adding an additional step or layer before getting to court and thus pos…

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 Chambe…

The parties pay the neutral evaluator directly.  Neutral evaluators set their own fees and it is the responsibility of the parties to contract the neutral evaluator, find out the cost and arrange payment before the neutral evaluation begins (Department of Justice Canada, 2011).

All types of general civil cases qualify for neutral evaluation.  Neutral Evaluation is best used when both sides are represented by attorneys.  In some circumstances the hearing judge may order the case into judicial arbitration, if he or she thinks the case would benefit more from the…

Neutral evaluation provides a knowledgeable opinion of the case.  It is a useful tool in helping attorneys predict how a judge or jury, might decide on certain issues or the case.  This is not that much suitable for a case with many sub issues (Department of Justice Canada, 2011).

Neutral evaluation is a kind of hybrid process between a non-binding arbitration and mediation which provides an alternative dispute resolution process.  The idea is that parties to a dispute voluntarily make presentations to a neutral third party and present their case to the neut…

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