09. Early neutral evaluation

With this option an independent person looks at the claims made by each side and gives their opinion either on:

• what they think the result should be; or
• a particular point of law.

Their opinion is non-binding, so either side can use it to decide what steps they might take next. The opinion can also be the basis for an agreement between both sides.

Early neutral evaluation can help work out where the real problem lies, and make both sides think more clearly about results by giving an independent view of the arguments. The evaluator is often chosen because of their expertise in the subject matter of the disagreement. They may also be a lawyer with litigation experience.