Early merits assessment

Early Neutral Evaluation Procedure

Early Neutral Evaluation Procedure

Early Neutral Evaluation Procedure

A non-binding evaluation process designed to help parties understand strengths, weaknesses and settlement range before costs escalate.

A non-binding evaluation process designed to help parties understand strengths, weaknesses and settlement range before costs escalate.

Application

This procedure applies where parties want an independent early assessment of a dispute or defined issue. It is usually most effective before extensive evidence or procedural steps have been taken.

Appointment of evaluator

An evaluator is appointed after conflict checks and confirmation of relevant expertise. The evaluator may set a short timetable and identify the materials needed for assessment.

Submissions and documents

Each party provides a concise written submission and key documents. The evaluator may limit length, request clarification or ask focused questions before delivering an evaluation.

Evaluation meeting

Where useful, the evaluator may hold a short meeting with the parties to hear submissions, test assumptions and clarify the issues that matter most.

Outcome

The evaluation is non-binding unless the parties agree otherwise. It may identify likely outcomes, risks, evidential gaps and practical settlement options.

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Resolve with structure. Administer with clarity.

Discuss the right forum, procedure and digital administration model for your dispute.

4 services

Human-led resolution

© 2026 Consilio Institute. All rights reserved.

Resolve with structure. Administer with clarity.

Discuss the right forum, procedure and digital administration model for your dispute.

4 services

Human-led resolution

© 2026 Consilio Institute. All rights reserved.