Neutral Evaluation, also referred to as Early Neutral Evaluation, represents an advisory and evaluative approach to alternative dispute resolution. This process involves an impartial evaluator who meticulously examines the factual and legal aspects of the dispute, aiming to identify and narrow down the core issues at hand. The evaluator's role extends to assessing the strengths and weaknesses of each party's case, thereby offering an informed opinion on the probable outcome of the proceedings, including potential findings of liability and the awarding of damages. Through this method, a neutral third party listens to the presentations of the disputing parties and subsequently provides valuable insights, contributing to a better understanding and potential resolution of the conflict.
To register a new case, please send your application to info@tccadr.org or click the form below.
If a dispute has arisen, but there is no agreement between the parties to neutrally evaluate, or if the parties wish to attain a neutral evaluation clause to provide for TCC neutral evaluation, the following clause is recommended:
In the event of any dispute, controversy, difference, or claim arising out of or related to ________________ (brief description of the contract under which disputes have arisen), the parties agree to engage in neutral evaluation as an alternative method of resolving the matter as administered by the TCC ADR Centre in accordance with the Neutral Evaluation Rules of the TCC ADR Centre (“TCC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this clause.
The seat, or legal place, of mediation shall be [City and/or Country].
The number of mediators shall be [one/three].
The language of the proceedings shall be [ ].
The governing law of the contract [is/shall be] the substantive law of [ ].
The neutral evaluation shall be conducted by a qualified and impartial evaluator appointed by mutual agreement of the parties.
The parties shall cooperate in providing all necessary information and materials to the evaluator for a comprehensive evaluation.
The evaluator's role shall be advisory and non-binding, providing an objective assessment of the dispute, including identifying key issues, strengths, and weaknesses of each party's position.
The neutral evaluation process shall be treated as confidential, and any information shared or discussed during the process shall not be disclosed to third parties or used as evidence in any subsequent formal proceedings.
The parties agree that the neutral evaluation process shall not prejudice their rights, remedies, or defenses in any subsequent dispute resolution procedures, should they decide to pursue alternative methods.
By incorporating this neutral evaluation clause, the parties demonstrate their commitment to exploring a fair and informed evaluation process that may contribute to finding an amicable resolution to their dispute before resorting to formal litigation or arbitration.
Payment of fees and costs could be made by bank transfer at the following details:
Account | TCC ADR Centre |
Bank | Bank Al-Falah Limited, DHA Phase V Branch, Lahore, Pakistan |
Account number | 09601008103213 |
IBAN | PK96ALFH0960001008103213 |
Currency | PKR |
Note:
It is important to include the name of the payer and, if applicable, the case reference to the payment for its prompt and accurate crediting. A copy of the proof of payment should be provided, so that the respective transfer is located in the TCC’s accounts.
All payments must be free of any charges that may occur at the sending and/or receiving bank. TCC shall bear no responsibility with regards to any currency conversions that might be applied by the sending and/or the receiving bank or to any currency fluctuations, which might overall affect the payment of fees and costs.