NEUTRAL EVALUATION

Neutral Evaluation, sometimes called Early Neutral Evaluation, (ENE), is a process where a neutral third party hears presentations by disputants of their positions, then provides them with his or her evaluation of the case. This process combines features of both a decision-making and a non-decision-making process. During the process, the neutral may be invited to serve as mediator or facilitator. The central feature of Neutral Evaluation involves an informal, confidential, impartial and brief evaluation session of a dispute that may take place at any time, but preferably as early in the dispute as possible.

Neutral Evaluation may be court-connected or be undertaken in a private setting through voluntary arrangements between the parties. In Canada, Neutral Evaluation is being used, on a limited basis, as a private process, although it is sometimes used in conjunction with court dispute resolution programs.

Neutral Evaluation may be initiated at any time in the life of the dispute although an assessment of the case early in the process is often preferable. In principle, when it is court-annexed, Neutral Evaluation does not begin until a lawsuit is filed, while in a private context, it may be triggered as soon as a deadlock arises in connection with the dispute. At that stage, if the applicable agreement provides it, the parties may start the Neutral Evaluation process. Even if Neutral Evaluation was not specifically provided for in an agreement, the parties may still be able to agree to commence the process.

Propertified is associated with VIA Mediation Centre provides for both domestic as well as international Neutral Evaluation. The parties can choose their venue of neutral evaluation and the neutral evaluation shall be held with the aid of VIA at such a place. The conciliation shall be held by retired judges, persons with expertise in particular matters, senior advocates and advocates, as per the needs of the parties.