Confidentiality of neutral evaluation

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 characteristics aforementioned, the section below highlights confidential characteristic. Neutral evaluation is generally a private and a confidential process, unless the parties agree otherwise (Dispute Prevention and Resolution Services, 2006). The privacy and confidentiality of the issues in dispute and the parties to the process are ensured through the execution of the mandatory agreement at the commencement of this process.  In some situations neutral evaluation cannot proceed unless both parties agree to be bound by the agreement (ADR Access, 2012).
Confidentiality is an important aspect of carrying out the process because it allows the parties to approach the process with more openness.  Neutral evaluation team members may not be removed from the power or called as a witnesses regarding information. Team members are prohibited from performing subsequent evaluations or from giving information to subsequent evaluators (Transitions, 2012). It is evident from the Appendix 2. The evaluator shall not reveal confidential information disclosed to an evaluator by the parties or by witnesses in the course of the Neutral Evaluation. All records, reports or other documents received by an evaluator while serving in that capacity shall be confidential. The evaluator shall not be obliged to reveal such records or to testify in regard to the Early Neutral Evaluation in any adversary proceeding or judicial forum.