Housing early neutral evaluation rules
1. Introduction
1.1 These Rules govern the administration of the ClearPoint Housing Early Neutral Evaluation (Joint Party) service. 1.2 Housing Early Neutral Evaluation (ENE) is a confidential, non-binding process in which an independent evaluator provides an impartial assessment of the principal legal and factual issues. 1.3 ENE assists parties in understanding strengths and weaknesses, narrowing issues, encouraging constructive negotiations and facilitating early resolution. 1.4 Unless agreed otherwise in writing, the Evaluation is advisory only and does not determine legal rights or obligations.
2. Scope
2.1 These Rules apply to every Housing Early Neutral Evaluation administered by ClearPoint. 2.2 The service is available for suitable housing disputes where all participating parties voluntarily agree to engage. 2.3 ClearPoint may decline any referral it considers unsuitable for Early Neutral Evaluation.
3. Objectives
The objectives are to provide an independent evaluation, assist parties to understand litigation risk, narrow disputed issues, identify evidential weaknesses, encourage informed settlement discussions, reduce unnecessary litigation and support proportionate resolution.
4. Voluntary Participation
4.1 Participation is voluntary unless otherwise required by agreement, court order or applicable procedural rules. 4.2 Each party remains free to withdraw in accordance with these Rules.
5. Commencing the Evaluation
5.1 The Evaluation commences when all parties agree to the process, the referral is accepted, payment arrangements are agreed and required documentation has been received.
6. Joint Referral
Parties should jointly submit names and contact details, a dispute summary, issues requiring evaluation, procedural history, current proceedings, agreed questions for determination and supporting documents.
7. Appointment of the Evaluator
7.1 ClearPoint shall appoint an independent housing specialist as Evaluator. 7.2 Appointments take account of housing expertise, legal knowledge, independence, impartiality, availability and complexity.
8. Independence and Impartiality
8.1 The Evaluator shall remain independent throughout. 8.2 The Evaluator shall not advocate for either party. 8.3 The Evaluator must immediately disclose any actual or potential conflict of interest.
9. Conflicts of Interest
9.1 Any party may raise concerns regarding the Evaluator’s impartiality. 9.2 ClearPoint shall determine whether replacement is appropriate. 9.3 Where necessary, a replacement Evaluator shall be appointed.
10. Position Statements
Each party may submit a concise position statement, legal arguments, supporting evidence, chronology, list of issues and proposed outcome. ClearPoint may impose page limits where appropriate.
11. Documents
The parties should provide pleadings, tenancy documents, witness statements, correspondence, photographs, expert reports, court orders, Equality Act evidence, schedules of loss and other relevant documentation.
12. Further Information
The Evaluator may request additional documents, clarification, further submissions, agreed bundles, authorities and chronologies.
13. Evaluation Meeting
Where appropriate, the Evaluator may convene a joint meeting, separate preliminary meetings, remote hearings or case management conferences, and may determine the most appropriate format.
14. Conduct of the Evaluation
The Evaluator may ask questions, clarify factual matters, identify legal issues, explore settlement opportunities, test competing positions, identify procedural risks and encourage realistic expectations. The Evaluator shall not compel settlement.
15. Without Prejudice Status
Unless otherwise agreed or required by law, all discussions, submissions, communications and settlement proposals shall be confidential and without prejudice.
16. The Written Evaluation
Following completion, the Evaluator may issue a written evaluation including background summary, issues considered, legal and factual observations, evidential considerations, litigation risks, procedural observations, settlement considerations and overall evaluation.
17. Nature of the Evaluation
The Evaluation is independent, confidential and non-binding. It does not determine liability or constitute legal advice to either party.
18. Settlement Discussions
Following the Evaluation, parties may negotiate directly, proceed to mediation, request arbitration where appropriate, continue litigation or take no further action. ClearPoint may assist with referrals into its other services where requested.
19. Referral into Other ClearPoint Services
Where appropriate, parties may jointly proceed into Housing Mediation, Housing Arbitration, Housing Merits Evaluation or Housing Dispute Resolution Pathway Assessment. Any subsequent service is a separate appointment governed by its own rules.
20. Confidentiality
All documents, discussions and communications shall remain confidential except where disclosure is authorised, required by law or necessary to administer the process.
21. Fees
Fees shall be agreed before commencement. Unless otherwise agreed, the parties shall share the fees equally.
22. Withdrawal
Any party may withdraw before completion. ClearPoint may terminate where participation becomes impossible, a conflict arises, fees remain unpaid or continuation would be inappropriate.
23. Limitation of Liability
Neither ClearPoint nor the Evaluator guarantees settlement, successful litigation or any particular legal outcome. The Evaluation represents an independent assessment based on available material.
24. Data Protection
ClearPoint shall process personal information in accordance with applicable data protection legislation and its Privacy Policy. Documents shall be retained only as long as reasonably necessary for the service.
25. Publication
The Evaluation is confidential. ClearPoint shall not publish it without written consent of all participating parties, save where required by law or anonymised information is used for statistical, educational or service improvement purposes.
26. Amendment of the Rules
ClearPoint may amend these Rules from time to time. The version in force when the referral is accepted shall govern the Evaluation.
27. Interpretation
These Rules shall be interpreted consistently with the objective of providing an efficient, impartial and professional Early Neutral Evaluation process that promotes informed decision-making and the proportionate resolution of housing disputes. End of Rules.
Independent, confidential and non-binding evaluation for suitable housing disputes.
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