Directions

The first phase of the IE process is known as the ‘Directions Consultations’, which usually lasts between 4 and 6 weeks, depending on the complexity of your case. In this phase, IE provides you and the opposing side with ‘Directions’, that is to say, instructions, guidance and the agreed schedule of action required. The legal teams for both parties submit all necessary documentation, with technical assistance from IE, as required.

The usual ‘Directions’ will cover:

i)    Agreement of the key issues in the case
ii)   Exchange of lay and expert evidence with timelines for ‘bundles’
iii)  Interim payments
iv)  A date for the claimant to provide their Position Statement
v)   A date for the defendant to provide their Position Statement in response
vi)  A date by which both parties will provide costs estimates
vii) A date and venue for the appointment

In this phase, the appointed Evaluator has direct communication with both parties from the outset. Communication is by telephone and can be plenary or private. The Evaluator enables the parties to identify the legal and factual issues and focus the evidence gathering on only that which is required. He or she also helps the parties to begin to understand the strengths and weaknesses of their positions. In this way, you and your legal team start to benefit from the input of the Evaluator from the outset.

Practical support for you and your legal team

As well as benefiting from the input of your Evaluator, you and your legal team will have the full support of IE’s client liaison team during this phase. For parties who are new to IE, our support staff are available on the phone throughout the ‘directions’ phase, to help with any practical queries. We also take the time to ensure you and your legal team understand what to expect on the day of the Evaluation, making sure that you are familiar with the process and order of events.

Managing relationships

During this period, the relationship between the parties is managed carefully to prevent it from souring further and becoming a contest in its own right. This helps to reduce tensions and avoids the notoriously protracted, time-consuming, unfocused and expensive pre-trial posturing that is typical of the court process.

Benefit of a dedicated Evaluator appointed to your case

Another key difference from the court process, in which disputes are passed between numerous district judges before being handed over to a different judge for trial, is that with IE your case is handled by the same dedicated Evaluator throughout. This means your Evaluator develops a very thorough and detailed understanding of your case and is therefore well placed to make a fair and authoritative, independent Evaluation on the Evaluation day.

The Directions process ensures that all parties attend the Evaluation day with sufficient evidence and authority for the dispute to be resolved. IE requires all documents to be provided to the Evaluator at least 14 days before the Evaluation and thereby avoids situations frequently encountered at JSMs, mediations and trials, where one or both parties assert that they are not ready and cannot settle without first obtaining ‘x, y or z.’

The next step

The second phase in the IE process is the Evaluation day, which starts with the process of Guided Analysis.