Introduction to Neutral Evaluation
Circular No. 3 issued by a subordinate court of Singapore introduced an entirely new domain of ADR i.e, neutral evaluation. It is a third party evaluation mechanism that works in tandem with the third neutral party giving a non-binding assessment of a case after being briefed about it. The importance of the particular assessment is to determine the strengths and opportunities present in a particular case. This sect of ADR defers from mediation, in which a mediator is consulted to make the parties reach an agreement rather than giving an opinion. The importance of neutral evaluation is to make the parties aware of the prospects of success in a case so as to establish a settlement among the parties.
Thus, neutral evaluation acts as a precursor method of evaluation that helps in determining the prophecy of the individual party in the context of the case. This method of ADR is crucial to determine the position of the parties in the context of a case. Early settlement through these evaluations can be arrived at by consideration and confrontation among the parties regarding their holding and position.
The procedure of a neutral evaluation
In the process of this method, the steps follow like, an evaluator who happens to be a third party being neutral after getting deliberation regarding the facts of the dispute will have to list about the disputed areas between the parties. Then the expert witness from both parties will have to submit their exposition. Then the defendant’s expert witness is informed to ask questions to the plaintiff’s expert witness without any intervention. Then the reverse method takes place so as to establish a brief subject of the matter. Evaluator remains to affirm to regulate the discussion. Then the expert witness summarises the entire proceeding and also mentions the agreements and disagreements of the points of discussion.
Conclusion
As of now, neutral evaluation is offered in cases of Non-injury motor accident (NIMA) to determine the amount of compensation to be paid. In NIMA cases a shortened and brief version of the neutral evaluation process. The utilisation of neutral evaluation is only limited to civil matters and personal injury as of now. It has its root in the courts of California, the USA in the mid-1980s but it received its identification name after Singapore courts recognised this as a form of dispute resolution. Neutral evaluation is an entirely unique domain of ADR in itself and has its own methods and procedure of resolving disputes. This domain is an entirely new method of resolving disputes in an ADR. The commercial dispute resolving ability of neutral evaluation is not yet proved potentially. Hopefully, it can be used in full swing in commercial dispute resolution in future as it seems to be both effective and efficient from both a time and finance perspective.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.
