IE Process

Unique IE Process

The process of Independent Evaluation is unique. It is the only form of alternative dispute resolution (ADR) which combines ‘Early Neutral Evaluation’ with ‘Facilitative Mediation’, blended together and conducted by Evaluators of the highest calibre legal expertise with total integrity. The process succeeds because it focuses on resolution rather than the dispute. We help forge collaboration between parties even when their legal positions are entrenched and, through the process of facilitation, we help achieve the best possible settlement for all sides.

There are two key stages in the process: the Directions phase and the Evaluation day.

Stage 1: Directions

Soon after the case is referred to IE, the disputing parties submit their documents and evidence. The appointed Evaluator starts the process of analysis and fact finding, liaising with the parties as required. The Evaluator will contact both parties privately, by telephone or video conference, to discuss their case, helping them to identify the key legal and factual issues and understand the strengths and weaknesses of their position. The Evaluator also helps parties identify the key information required for their submission. By the end of the Directions phase, the Evaluator and the disputing parties will be fully prepared for the Evaluation day. The date of the Evaluation day is pre-arranged soon after the initial referral, to avoid any delay. For more on the Directions stage, click here.

Stage 2: The Evaluation day

The second stage is the Evaluation day. Evaluations take place at IE premises in the heart of legal London, just off Chancery Lane, or at one of our regional venues in Manchester or Leeds.

The IE approach is a world ahead of the courts, where all too often the trial judge only gets the papers on the morning of the trial, and is perhaps still finishing off the previous day’s case.

With IE, the parties can be certain of the following:

  • the Evaluator, having guided them through the Directions and having been in possession of all parties’ paperwork for at least 14 days, is fully appraised of all the relevant facts and issues;
  • the Evaluator won’t have a case running over from the previous day or other cases that day, so you can be sure your Evaluation will start on time and will not be adjourned; and,
  • there will be complete focus on resolving the parties dispute comprehensively and optimally.

Evaluations are neither as formal nor stressful as trials. However, it is recommended that parties treat Evaluations as seriously as they would a trial. In effect, Evaluations provide the parties with an excellent substitute for their ‘day in court’, but with a vastly more flexible and dynamic approach. Some parties may wish not to meet the other side, others may prefer to do so; many prefer a private process in which confidentiality can be preserved and protected: all of this can be accommodated. Face to face contact with the Evaluator means parties are able to speak frankly and all issues are covered. No-one is ever left saying, “I should have said this…” or “that point was not considered.”

The Evaluation day has three stages:

Stage one: Guided Analysis

The Evaluator discusses the key issues with each party in private, explains 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 later in the process. For more, on Guided Analysis click here.

Stage two: Evaluation and Facilitation

The Evaluator then announces their Evaluation (the proposed settlement) for the parties to consider. This is followed immediately by the process of mediated facilitation, which helps both parties achieve the best possible outcome. For more on these elements in the process, see Evaluation and Facilitation.

Stage three: Resolution of Costs

One of the many advantages of IE is that the thorny issue of costs is dealt with on the Evaluation day, unlike the court process in which costs are often decided weeks or months later. For more see Resolution of Costs.

Although legally binding once agreed, the parties are free to reject the proposed evaluation should they wish and revert to the Courts, but no-one has yet done so.

How to get started

Whether you are a claimant in a dispute, or a solicitor, you don’t need to wait for the dispute to be referred to IE – you can simply get in touch.

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.