Alternative Dispute Resolution

Fee Structure

Consultation Per Hour
Total : 10000/- INR


 

International & Domestic Neutral Evaluation

 

Neutral Evaluation is also known as Early Neutral Evaluation which is an evaluative and advisory form of alternative dispute resolution. It is a process wherein a neutral third party hears the dispute of the disputing parties and provides his opinion regarding the dispute. The neutral third party evaluates the facts, circumstances, and issues of the case, and then renders an insight about the same. Neutral Evaluation is desired to serve as a basis for further and fuller negotiations or at least helps the parties involved avoid further unnecessary stages in litigation.

 

Advantages of Neutral Evaluation

Neutral Evaluation is:

 

Voluntary: It is non-binding on the parties: they are free to accept or reject the outcome of the Neutral Evaluation. They must expressly agree to attempt settlement through the Neutral Evaluation process and may withdraw from the process at any given time.

 

Informal: There are no fixed evidentiary or procedural rules governing the process. Rather, the parties decide on the governing rules that may be set out in writing in the Neutral Evaluation agreement. This is a flexible process as its scope can be shaped by the neutral evaluator and/or the parties according, for example, to the type of dispute, the complexity of the case, and the number of parties involved.

 

Confidential: Neutral Evaluation is generally a confidential process unless the parties agree otherwise. The parties should jointly establish the extent of confidentiality in a confidentiality agreement or via a clause in the Neutral Evaluation agreement. Notwithstanding a confidentiality clause or agreement, when the federal government is a party, the Access to Information Act and Privacy Act must be examined to determine the extent to which they restrict disclosure and withholding of information. For further information about the application of these Acts, please refer to the document entitled “Confidentiality: Access to Information Act and Privacy Act” contained in this Reference Guide.

 

Assisted: The neutral evaluator's role is that of an impartial third party who helps the parties identify the main issues in dispute, discusses the strengths and weaknesses of the parties' arguments, assesses the merits of the claims, and renders an opinion on the likely outcome of the case in court. Whenever possible, the neutral evaluator helps the parties explore the possibility of a mutually acceptable settlement and may be invited to serve as mediator or facilitator.

 

 

Objectives of Neutral Evaluation

 

The primary purpose of Neutral Evaluation is to reduce litigation costs by promoting forthright communication between the parties and providing an early, realistic assessment of their case. It may also include discussions about the possibility of early settlement. In short, the aim of the process is generally to kick start the dispute resolution process. 

Neutral Evaluation is designed to enhance pre-trial practice by:

  • Encouraging each party and counsel to analyze their situations as early as possible;
  • Offering the parties an early opportunity to communicate directly about the case and to exchange relevant information;
  • Helping the parties isolate the core issues of the dispute;
  • Enabling parties to develop a discovery approach that focuses early on key issues and disclosure of key evidence, and at less expense;
  • Providing each party and counsel with an early opportunity to present their positions and hear the other side present its case;
  • Offering counsel and parties a brief, impartial, confidential, and objective assessment of the relative strengths and weaknesses of their positions and the overall value of the case at an early stage in its evolution;
  • Providing the parties with an early opportunity to negotiate a settlement with the help of a skilled neutral evaluator, who is an expert in the substantive area of the dispute.

 

Procedure for early neutral evaluation:

  1. Appointment of Evaluator
  2. Preparation of Neutral Evaluation
  3. The Neutral Evaluation Session
  4. Case presentations
  5. Focusing
  6. Assessment/Valuation
  7. Settlement Exploration
  8. Parties Presentations
  9. Evaluator’s opinion

 

Service Delivery Process followed by White Code Legal:

  • The Client has to register themselves on our website.
  • Once the Client is registered, we raise a Service Request.
  • The Client receives a proforma invoice with an option to confirm and pay now or pay later.
  • Once the Client confirms, our dedicated relationship manager liaisons with our experts, and clients share a list of client information required to deliver the service.
  • Once we receive the information, we take the required steps to deliver the service and the service request is closed.

 

Service Inclusions

  • Professional Fees

 

Service Exclusions

  • GST, Government Fee, and other Additional Taxes

 

Why White Code Legal? 

At White Code Legal we prioritize and always strive to deliver excellence. Keeping a focus on maintaining affordable prices and delivering 100% client satisfaction we aim to make worth every penny our clients spend with us and build a lasting relationship with them.