ClearPoint Single-Party Early Neutral Evaluation

Overview

ClearPoint Single-Party Early Neutral Evaluation is a structured, document-led process through which one party obtains an independent, non-binding evaluation of a defined dispute, issue or legal question.

The evaluator does not decide the dispute, make a binding determination or represent either party. Their role is to provide an independent assessment, based on the information provided, of the strengths, weaknesses, risks and possible direction of the dispute.

Single-party ENE may be suitable where a party wants early clarity before deciding whether to negotiate, mediate, issue proceedings, continue litigation, narrow the dispute or seek another form of resolution.

Because the process is requested by one party only, the evaluation is based solely on the material provided by the requesting party unless otherwise stated.

How the Process Works

1. Submit an ENE Request

A party submits a short ENE request to ClearPoint.

The request should identify:

• the parties;

• the nature of the dispute;

• the approximate value of the claim;

• the issue or issues to be evaluated;

• the current stage of the dispute;

• whether proceedings have been issued;

• any urgent dates or deadlines; and

• the outcome the requesting party wants from the evaluation.

2. Suitability and Scope Review

ClearPoint reviews the request to consider whether the matter is suitable for single-party ENE.

ClearPoint may consider:

• whether the issue is sufficiently defined;

• whether the documents are adequate for evaluation;

• whether the request is too broad;

• whether the matter requires specialist expertise;

• whether the other party’s participation would be necessary;

• whether ENE is premature; and

• whether another ClearPoint process may be more appropriate.

Where appropriate, ClearPoint may recommend a Resolution Pathway review, mediation, expert determination, joint-party ENE, arbitration or another process.

3. Scope Confirmation and Payment

If the matter is accepted, ClearPoint confirms:

• the issue or issues to be evaluated;

• the applicable fee;

• the evaluator appointment process;

• the document limits;

• the timetable;

• whether clarification may be requested; and

• the expected form of the ENE outcome.

The requesting party will usually be asked to pay the required fee before the evaluator is appointed.

4. Evaluator Appointment

ClearPoint appoints an independent evaluator from its panel.

The evaluator is selected having regard to:

• the nature of the dispute;

• the legal or commercial context;

• the amount in issue;

• the evaluator’s expertise;

• the complexity of the question;

• availability;

• independence; and

• any specialist knowledge required.

The evaluator may be a barrister, solicitor, senior disputes practitioner, sector specialist or legally trained neutral with relevant expertise.

5. Documents and Submissions

The requesting party will usually provide:

• a short case summary;

• the defined question or issues for evaluation;

• key documents only;

• any relevant correspondence;

• any pleadings or pre-action documents, where proceedings have started;

• any schedule of loss, invoice schedule or damages calculation; and

• any specific points the requesting party wants the evaluator to address.

The purpose is to give the evaluator enough material to assess the issue fairly and efficiently.

The process is not a disclosure exercise and should not involve a full litigation bundle unless ClearPoint requests it.

6. Clarification

The evaluator may request limited clarification before issuing the evaluation.

Clarification may relate to:

• missing documents;

• unclear factual background;

• the scope of the issue;

• the procedural stage of the dispute;

• the amount claimed or disputed; or

• the specific question the evaluator is being asked to address.

Clarification is limited. It is not a hearing, cross-examination or negotiation process.

7. The ENE Evaluation

The evaluator reviews the material and issues a written evaluation.

Depending on the agreed scope, the evaluation may address:

• the apparent strengths and weaknesses of the requesting party’s position;

• legal or evidential risks;

• issues requiring further evidence;

• likely points of dispute;

• possible litigation risk;

• proportionality considerations;

• whether settlement discussions may be appropriate;

• whether mediation or another ADR process may assist;

• whether a narrower issue should be determined separately; and

• practical next steps for consideration.

The evaluation is non-binding.

It does not determine legal rights and does not require the requesting party or any other party to take any particular step.

8. Outcome and Use of the Evaluation

The evaluation may assist the requesting party in deciding whether to:

• make or revise a settlement offer;

• invite the other party to mediate;

• seek joint-party ENE;

• narrow the issues in dispute;

• obtain further evidence;

• pursue expert determination;

• continue correspondence;

• issue proceedings;

• continue litigation; or

• reconsider the proportionality of the dispute.

The evaluation is prepared for the requesting party on a single-party basis.

It should not be presented as a joint evaluation, binding decision or determination of the dispute.

9. Post-Evaluation Clarification

Where appropriate, the requesting party may request limited clarification of the evaluation.

Clarification may correct or explain the evaluation, but it does not include:

• fresh legal advice;

• a second evaluation;

• review of substantial new documents;

• drafting correspondence to the other party;

• settlement negotiation;

• representation; or

• litigation strategy advice.

Substantial follow-up work may require an additional fee.

Types of Disputes

ClearPoint Single-Party ENE may be suitable for a range of civil and commercial disputes, including:

Commercial and Contract Disputes

• breach of contract;

• termination disputes;

• supply of goods or services;

• disputed contract terms;

• performance issues;

• payment disputes;

• contractual interpretation.

Business and Company Disputes

• shareholder disputes;

• partnership disputes;

• director or founder disputes;

• business separation issues;

• investor or stakeholder disagreements;

• internal commercial conflicts.

Debt, Invoice and Payment Disputes

• unpaid invoices;

• disputed fees;

• account balances;

• debt and counterclaim disputes;

• payment disputes;

• commercial recovery issues.

Professional Services Disputes

• consultant disputes;

• professional fees;

• scope of retainer disputes;

• service quality complaints;

• client/provider disagreements;

• professional responsibility issues, where suitable.

Property and Real Estate Disputes

• commercial landlord and tenant disputes;

• lease disputes;

• rent arrears;

• dilapidations;

• property management disputes;

• development or occupation issues.

Construction and Project Disputes

• small and medium construction disputes;

• defects;

• delay;

• payment disputes;

• contractor/client disputes;

• project delivery disagreements.

Technology and Digital Services Disputes

• software development disputes;

• IT project disputes;

• platform or digital service disputes;

• licensing issues;

• service level disputes;

• failed implementation projects.

Employment, Workplace and Consultancy Disputes

Where suitable, ENE may assist with:

• consultancy disputes;

• contractor or freelancer disputes;

• senior exit disputes;

• restrictive covenant issues;

• settlement discussions;

• workplace-related commercial disputes.

ClearPoint may decline matters requiring urgent legal relief, specialist statutory procedures, safeguarding intervention, regulatory action, criminal investigation or another process outside the scope of ENE.

Who Conducts the ENE?

The evaluation is conducted by an independent evaluator appointed by ClearPoint.

ClearPoint evaluators may include:

• barristers;

• solicitor evaluators;

• senior disputes practitioners;

• subject-matter specialists;

• sector experts; or

• legally trained neutrals with relevant experience.

The evaluator’s role is to provide an independent, non-binding assessment within the agreed scope.

The evaluator does not:

• decide the dispute;

• act as a judge or arbitrator;

• represent the requesting party;

• contact the other party;

• make binding findings;

• compel settlement;

• certify court compliance; or

• replace legal advice from solicitors or counsel.

Core Principle

ClearPoint Single-Party ENE is designed to provide focused, early clarity.

The aim is not to turn evaluation into litigation.

The aim is to help the requesting party understand the risks, issues and possible direction of the dispute before committing further time, cost and resources to the wrong process.

Because the evaluation is single-party, it is carefully limited.

It provides an independent view based on the material provided, not a final determination of the dispute.