FAQs for claimants & defendants

1. What is an Evaluation?

Independent Evaluation (IE) is an unbiased evaluation of all the issues in dispute by a neutral, subject matter expert called ‘the Evaluator’.  Ultimately, the Evaluator will tell you the likely outcome for the dispute should it proceed all the way to a Court trial.

Evaluations aim to provide the just resolution of disputes in an affordable and timely manner.  Independent Evaluation strives to create an atmosphere that is less formal, less adversarial and less aggressive than Court trials and much more conducive to optimal resolution of disputes.

Evaluations offer an affordable opportunity to secure a settlement acceptable to both parties without the emotional cost of the adversarial litigation process, and often in a vastly shorter length of time than proceeding through the Court process – cases have been resolved in weeks rather than years in many instances.  IE aims to avoid the issue of proceedings and any further recourse to the Courts with all the consequential costs for both sides.

Also, unlike settlements achieved via correspondence, an Evaluation ensures that the parties know that everything they feel is important has been heard and understood by the other side, and fully considered and taken into account by the Evaluator.

2. Is an Evaluation simply ‘justice-lite’?

IE is definitely not ‘justice-lite’ or ‘rough justice’. Cases are dealt with quickly and expertly in accordance with the same legal principles and standards as if the claim was litigated through the Court. There are protocols in place to ensure that all the necessary evidence is available to enable an expert, forensic evaluation of the claim.

3. Why should I consider Independent Evaluation?

For claimants, the prospect of a generous and rapid settlement of damages and costs is a powerful incentive.

For defendants, avoidance of significant future costs or the Qualified One Way Costs Shifting consequences of even an outright victory is a considerable attraction.

Going to trial can be risky, expensive, time-consuming and emotionally draining. IE offers a non-binding opportunity to explore an alternative method of resolving the issues in dispute avoiding a lot of these pitfalls of our justice system, and instead offering the possibility of swift, optimal settlement for both parties.

Legal developments also mean that the Courts now expect parties to have explored alternative methods of dispute resolution before issuing legal proceedings.  Legal representatives are duty bound to ensure that parties are sufficiently aware of alternatives to litigation, such as IE, and are also duty bound to ensure that offers to utilise alternative dispute resolution are put to their client.   Solicitors cannot reject an offer of alternative dispute resolution without taking instructions from their client. You are also in a position to suggest IE to your solicitor if this has not already been explored.

IE has become a part of the new legal landscape, especially as parties who refuse to engage in alternative dispute resolution put themselves at risk of costs penalties.

4. What if the other party is hesitant to use Independent Evaluation to reach settlement?

If you are struggling to persuade the other party to explore the option of IE, then seek the other side’s consent to allow a member of IE to contact them and we will happily talk through their concerns and more fully explain the service.

5. Do I have to attend?

Yes, the Evaluation day is the equivalent of your ‘day in Court’. Therefore, you should treat the day as seriously as you would a trial in terms of preparation for it and conduct throughout the day. However, the day will be less formal than a trial as the Evaluator and the legal representatives of both parties shall be seeking to advance towards a settlement in consultation with you throughout the day.

6. Where does the Evaluation take place?

Evaluations take place on neutral ground at IE’s premises just off Chancery Lane in London or, if it is more convenient for the parties, at IE’s premises in Manchester.

The Evaluator and the parties each have their own room throughout the day providing a formal yet comfortable environment whilst the process takes place. There is no ‘stuffy Court room’: it is a light and dynamic environment.

7. Who will the Evaluator be?

Your evaluator will be a specialist in the field of law relevant to your case. All of our Evaluators offer high calibre legal expertise and are at the very top of the legal profession: senior judges, QCs and barristers.  You can be assured that the Evaluator in your case will be a highly experienced and respected legal figure, who has specialist expertise in the relevant area of law and is able to evaluate and facilitate to produce the best possible outcome.

In every case the Evaluator is a neutral, independent expert experienced in dealing with firmly held opposing points of view.

8. How will the day be structured?

A few weeks before your Evaluation day, you will receive a document that outlines the procedure in helpful detail.

There is a great deal of flexibility in terms of the format of the Evaluation day. It will reflect the unique circumstances and unresolved issues of your case, and will be respectful of the degree to which individuals wish to interact with each other, including whether they will meet at all.

In brief, the Evaluator will meet the parties for introductions and to outline the structure of the day. Both parties will have a private session which is your opportunity to ensure that what you feel is important about the case is heard and accounted for. This is in contrast to Court proceedings where parties rarely get the chance to talk directly and openly with the Judge or Tribunal. The Evaluator will be likely to have questions they wish to discuss with you during the private session. It will also be necessary for the Evaluator to have in-depth discussions about the law with the legal representatives of both parties in order to move towards resolution of your case. The Evaluator will provide their independent evaluation of the merits of the claim, having considered all the documentation and heard from both parties at the Evaluation day, and based upon real experience.

Evaluations can feel quite intense, but this is due to the commitment of the Evaluator and the parties to crystallise facts and issues in dispute, and to try to reach an optimal settlement in a timely manner.  IE effectively streamlines the progress of claims to an optimal and otherwise unattainable outcome. You can be assured that the Evaluator will be focused on facilitating an agreement: the Evaluation provides the ideal opportunity for both parties to be shown the essential truths of the claim and the litigation that might lie ahead or be avoided; this often involves managing the expectations of one or both parties with regard to the likely outcome of the case if it proceeded through the Court, and seeking to overcome even the most entrenched positions and sometimes emotive allegations.

9. What is my role at the Evaluation?

We understand that for you the Evaluation day is hugely significant, and is sometimes reached after lengthy, emotionally and financially draining legal battles that have failed to achieve a settlement. You are a vital component of the Evaluation. The Evaluator will wish to speak with you during a private session regarding your case and is likely to ask you a number of questions. Although there are likely to be periods of time during the day when your legal representatives are in discussions with the Evaluator and the representatives for the other party, they will update you and confer with you at key stages in order to ensure the forward movement of the negotiations towards settlement. At the end of the day, this is your case and it will only settle if you decide to accept the proposed resolution. You are free to walk away and revert to the Courts.

10. Will I be cross-examined by the Evaluator or the other party?

The Evaluator will most likely have questions for you that they will ask during a private session with you and your legal representatives. However, you can be assured that the answers you provide to the Evaluator will remain private.

You will not be cross-examined by the other party. This is particularly appealing as it means you avoid the stressful and emotionally draining experience of cross-examination that you would experience if you chose to go to Court instead. Cross-examination often involves an aggressive line of questioning that, at best, can make you feel that you and your case are being picked apart.

11. Do I have to accept a settlement offer?

It is hoped that the evaluation process will produce an optimal settlement that you wish to accept. However, Independent Evaluation is deliberately non-binding which means that neither party will be placed under any pressure to make or accept a settlement. The option to return to the litigation process remains open. To date, however, every case has been resolved successfully and no-one has walked away.