Evaluation

In evaluation the people in dispute appoint an independent third party to give an opinion on a point of law or the likely decision if the dispute were to be resolved by a court.

When should you use evaluation?

Evaluation is useful if you need an objective opinion to help you decide how to proceed. It is a relatively informal process which can help you reach a solution without bringing a court claim or can be used during a court case to try to shorten it. It can avoid a court case, or at least shorten it.

When is evaluation not suitable?

Evaluation may be inappropriate if the deadline to start a court claim is very close and there is no time to wait for an opinion.

What's the difference?

The difference between evaluation and mediation

Mediation and evaluation both involve the help of an independent third party but, whereas mediators help the parties to reach their own solution, evaluators consider both sides of the dispute and deliver an opinion on a point of law or the likely outcome if the dispute went to court.

The difference between evaluation and arbitration

The evaluator's opinion aims to help you to decide how to handle your dispute and may enable you to reach a solution. An arbitration decision resolves the dispute.

How can a solicitor help?

A solicitor can help you to decide if evaluation is suitable for you, and can refer you to an evaluator. We recommend that you seek advice from a solicitor before preparing your case for evaluation, and you may also want to use a solicitor to present your case to the evaluator.

Find a Solicitor

Is there any cost associated with evaluation?

Yes: you (or your solicitor, if you appoint one) should get confirmation from the evaluator about how much evaluation costs will be.

Is the evaluator's opinion binding?

One of the reasons for going through the evaluation process is to get an unbiased opinion about the likely outcome if the case was to be decided by a court. However, the outcome is not binding unless with the agreement of all parties at the outset.

If you don't make such an agreement, you can take any further steps you wish to resolve your dispute, including pursuing it in court.

Will agreeing to evaluation undermine a court claim?

No. Evaluation is conducted on a 'without prejudice' basis, which generally means that the opinion cannot be referred to in court, although the parties will have information about each other's cases.