Evaluations

What is an Independent Evaluation?

Independent Evaluation (IE) is a fast, highly successful and unique form of dispute resolution. It combines ‘Early Neutral Evaluation’ with ‘Facilitative Mediation’, blended together with the highest calibre legal expertise and total integrity.

IE is designed to achieve the very best possible outcome for all parties in a dispute, in just weeks instead of years. With a proven track record of success in resolving even the most complex legal disputes, IE is recommended by judges and other senior figures throughout the civil justice system.

Best possible settlements – in weeks instead of years

IE delivers the best possible outcome for people involved in legal disputes, and it does so far more quickly than the courts, which continue to be bogged down with prolonged delays and adjournments. Unlike the adversarial court process, we focus on the resolution rather than the dispute. We help forge collaboration between parties even when their legal positions are entrenched and, through a process of facilitation, we help achieve the the best possible settlement for all sides. As a result of the Covid-19 crisis, the courts backlog is worse than ever, making IE an even more attractive alternative to litigation.

Evaluations in most areas of law – available in London, Manchester and Leeds

We provide Evaluations in most areas of law, from commercial disputes to medical negligence, personal injury and sexual abuse cases. Solicitors firms all over the country bring clients to have their cases evaluated at our venues in London, Manchester or Leeds. If the parties prefer, Evaluations can also be conducted online using the same structure as a full Evaluation day – see Online Evaluations. Most people, however, prefer the face-to-face contact with the Evaluator and report that direct interaction is a key part of the IE process and a major factor in its success.

Top tier, specialist, Independent Evaluators dedicated to your case

Your Evaluation will be conducted by one of our Evaluators; a senior, highly experienced figure at the top of the legal profession, either a judge, QC or barrister. You and your lawyers are assured that your Evaluator has specialist expertise in the relevant area of law, will have studied all the details and nuances of your case, so you benefit fully from all their experience at the earliest possible moment. All our Evaluators are completely independent, so you can also be sure of a genuinely unbiased and fair Evaluation.

IE Process

At the outset of the IE process, the parties submit their documents and evidence and the appointed Evaluator starts the process of analysis and fact finding, liaising with parties as required. This initial process is sometimes said to be akin to the Directions hearing in litigation. However, it is so much more and its importance is evidenced by the number of cases that resolve at this early stage, once the parties have liaised with the Evaluator.

If the matter proceeds to an Evaluation day, the Evaluator discusses the key issues, explains to each party the strengths and weaknesses of their case and advises what the likely outcome would be if the case went to court. This impartial, independent and accurate assessment gives the parties a better understanding of their position and helps them make good quality, well informed decisions. The Evaluator then announces the Evaluation (the proposed settlement) and, through a process of facilitation, helps both parties achieve the best possible outcome. For more on this see IE Process.

IE is non-binding throughout. The parties are free to reject the proposed evaluation should they wish and revert to the Courts, but no-one has yet done so and the agreements reached are legally binding settlement agreements.

Cost effective and confidential

Independent Evaluation is a cost effective, confidential, optimal alternative to litigation. With a fixed fee system, it is free for most claimants and at least cost neutral for defendants. In the vast majority of cases, IE is infinitely quicker and less costly than litigation. Well established over many years, IE has a prolific success rate and is recommended by senior members of the judiciary and law firms across the country.

Never too late

The sooner parties in a dispute contacts IE, the better. The earlier IE is done, the greater the potential benefits for all sides. However, it is never too late to refer a case to IE, as demonstrated by the number of cases that settle out of court using IE, even just before trial. IE has also been used after judgment, as an alternative to the Court of Appeal process.

Better than other forms of Alternative Dispute Resolution

IE is a unique combination of the best elements of British justice. It is the only tried and tested dispute resolution process available in the UK which blends together Early Neutral Evaluation and Facilitative Mediation. The outstanding success of our process model is based on the combination of these two processes facilitated by IE’s exceptionally high calibre Evaluators.

Bespoke Evaluations

IE has established a reputation for being able to resolve even the most difficult and complex of disputes. Some conflicts however, such as Best Interests cases and Intensive Care (ICU) disputes, are particularly difficult and require special treatment in order to maximise the chances of a successful outcome. In response to situations like these, we adapt our process as necessary to create a Bespoke Evaluation. For more details, please see Bespoke Evaluations.

What to do next

If you are involved in a legal dispute or civil claim, Independent Evaluation is a highly effective way to resolve it and enable the parties to move forward So, whether you are involved in a dispute yourself, or you are a solicitor representing a client in a difficult case, please don’t hesitate to contact us.

To find out how we can help, or to refer your dispute for Evaluation, please call Jonathan Bishop on 020 3383 1000 or complete our enquiry form.