Neutral evaluation
6.2 Neutral evaluation
In this rule—
evaluator means a person to whom the Court refers a matter for neutral evaluation under this rule.
neutral evaluation means a process of evaluation of a dispute in which the evaluator seeks to identify and reduce the issues of fact and law in dispute, including by assessing the relative strengths and weaknesses of each party’s case and offering an opinion as to the likely outcome of the proceedings (including any likely findings of liability or the award of damages).
neutral evaluation session means a meeting arranged for the neutral evaluation of a matter under this rule.
If it considers the circumstances appropriate, the Court may, by order, refer any matter for neutral evaluation, and may do so either with or without the consent of the parties to the proceedings.
The neutral evaluation is to be undertaken by an evaluator agreed to by the parties or, if the parties cannot agree, by an evaluator appointed by the Court.
It is the duty of each party to proceedings the subject of a referral to neutral evaluation to participate, in good faith, in the neutral evaluation.
The costs of neutral evaluation, including the costs payable to the evaluator, are payable—
if the Court makes an order as to the payment of those costs, by one or more of the parties in such manner as the order may specify, or
in any other case, by the parties in such proportions as they may agree among themselves.
Subject to any relevant practice notes, an evaluator may, by order, give directions as to the preparation for, and conduct of, the neutral evaluation.
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