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ADR techniques


evaluation

Sometimes known as case evaluation or early neutral evaluation, this process is not binding, unless the parties want it to be. The evaluator or panel often makes a reasoned or graded evaluation on the basis that the case is, for example: very strong, strong, medium, weak or hopeless and can usually meet parties after the result has been made known to discuss the reasons underlying the decision.

Evaluation is:
  • not a judicial or arbitral process
  • a process that nonetheless allows witnesses to be heard and cross-examined
  • without prejudice to the respective rights, claims and defences of any actual or future party to the dispute
  • undertaken by an authoritative individual or evaluation panel
  • usually presented orally but cases may also be presented in writing

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