Our Services:

• Facilitation of Neutral Evaluation: We provide neutral evaluators who assess the strengths and weaknesses of each party’s case.
• Preparation for Evaluation Hearings: We help clients prepare submissions and evidence for the evaluation process.
• Post-Evaluation Support: We advise on the next steps after receiving the neutral evaluator’s report, whether to settle, proceed to arbitration, or opt for litigation.
• Evaluation Report Review: Assisting clients in interpreting neutral evaluation reports and strategizing further steps.
• Pre-dispute Consultation: Offering consultations on whether neutral evaluation is appropriate for a specific case.

Types of Evaluation:

• Pre-Trial Evaluation: Used before litigation begins, offering insight into strengths and weaknesses.
• Ongoing Dispute Evaluation: Used during an ongoing dispute to guide parties toward settlement.
• Early Neutral Evaluation: This happens early in the dispute process to give parties a non-binding evaluation of the merits of their case.
• Binding Neutral Evaluation: In some cases, parties agree in advance to be bound by the evaluator’s findings.
• Post Arbitration Evaluation: Sometimes used to re-evaluate arbitration awards for potential appeal or enforcement strategies.

Procedures

1. Agreement to Evaluate: The parties agree to a neutral evaluation as part of their ADR strategy.
2. Selection of a Neutral Evaluator: A neutral third-party expert is appointed to evaluate the legal and factual issues in the dispute.
3. Submission of Evidence and Statements: Each party submits their respective case materials, including legal arguments, documents, and evidence to the neutral evaluator.
4. Evaluation Sessions: The evaluator reviews the submissions and may hold meetings with both parties to clarify issues or ask for further evidence.
5. Feedback Session: The evaluator provides feedback and potential resolution paths.
6. Written Evaluation Report: The evaluator provides a non-binding assessment that includes an analysis of merits of each side’s case and recommendations for resolution.
7. Post-Evaluation Actions: The parties may choose to settle based on the evaluator’s assessment or proceed to a binding ADR method like arbitration.

Relevant Laws

• The Arbitration Act, 1940: Allows for the inclusion of neutral evaluation as part of pre-arbitration processes.
• The Alternative Dispute Resolution Act, 2017: Encourages the use of neutral evaluation as an ADR method.
• The Civil Procedure Code, 1908 (Section 89-A): Encourages the use of ADR, including neutral evaluation, in civil disputes.