Whether you are acting for the claimant or the defendant in a civil dispute, Independent Evaluation (IE) provides a better outcome than you could expect from the court process. Better for you and your client.
Benefits for clients
Your claimant clients can expect to win larger damages and achieve settlement in much less time than through the courts, usually weeks instead of years. Not only are court issue fees and delays avoided, but IE is completely free for personal injury, clinical negligence and all other insurance-based claims. Where insurance does not apply, the higher damages awarded substantially outweigh any costs incurred.
Your defendant clients, on the other hand, can expect to make very substantial costs savings simply by using IE instead of the lengthy and expensive court process. The cost of IE is thereby negated.
Benefits for barristers
With the number of civil litigation hearings in decline, IE presents an exciting new source of work. Barristers are required to assist their clients throughout the process, from initial advice and drafting of the position statement to representation at the one-day evaluation. Successful results for your clients and their solicitors will generally result in more work being referred. Barristers who are early adopters of this new form of advocacy will stand to benefit most.
Benefits for barristers with Direct Access clients
There are particular advantages for barristers dealing with Direct Access clients. By using IE, you avoid the problem of dealing with fees and court administration.
IE – how it works
IE is an independent dispute resolution service conducted by highly experienced evaluators, who are senior lawyers or judges with outstanding expertise in their areas of law. An evaluator reviews the parties’ position statements, requests further evidence as necessary and begins to set out the parameters required for settlement. 75% of cases settle at this early stage; the others go forward to a one-day evaluation meeting, at which the same evaluator meets face to face with both parties.
At this meeting, the evaluator discusses with the parties the strengths and weaknesses of their respective positions and advises on the likely outcome if the case went to court. This helps manage expectations and thereby brings the possibility of resolution much closer. The evaluator then proposes a settlement and, with further discussion, helps the parties reach resolution on all points in dispute, including the question of costs. It is no surprise that IE is recognised by judges, barristers and solicitors all over the country as being more effective for civil cases than any available alternative; better than mediation and better than the courts.
100% track record of success
IE has been conducting evaluations since 2012 and has a 100% record of success. Every evaluation so far has succeeded in reaching settlement. One day this record will be broken, but defendants and claimants alike can be sure that when they use IE, they can expect a fair and prompt settlement. For barristers, it is a highly effective means of resolution and a unique form of additional income.
What to do next
To ask about using IE, please just get in touch. All initial advice is strictly confidential and completely free of charge.
IE requires the consent of both parties to engage in the process. If your client or the other side is for any reason unsure, we can help deal with their concerns. In the first instance, we would ask you to seek their permission for IE to make contact.