• The first step involves appointing an evaluator with special knowledge and expertise in the subject matter of the dispute, while also ensuring fairness, impartiality, and the ability to evaluate facts and circumstances.
• Before the evaluation proceedings start, both parties submit written statements stating the facts and issues from their perspective.
• The evaluator opens the proceedings with a statement, describing their role as a neutral third party and stating the rules and stages of the process.
• The next step involves oral presentations from both parties, where they present their case, important issues, and desired outcomes.
• The evaluator then provides their opinion on each issue and suggests possible points of negotiation and compromise, as well as the potential outcomes if the dispute goes to court.
• It is important to note that the evaluator's opinion is not binding on the parties.
• The proceedings can lead to two outcomes: resolution through a written agreement if the dispute is settled, or the parties may choose to approach the court if no resolution is reached.

To register a new case, please send your application to info@tccadr.org or click the form below.

TCC Model Neutral Evaluation Clause:

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:

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.

info@tccadr.org

Rules Selected* Select Rule TCC Neutral Evaluation Rules Other (please specify)

Other Rule*

Nature of Dispute

Amount of Monetary Claim or Nature of Non-Monetary Claim*

Type of Business (Claimant)*

Type of Business (Respondent)*

Place of Hearing

We agree that we will abide by and perform any award rendered hereunder and that a judgment may be entered on the award

Name of Party*

Address*

City, State/Province, Country, Post Code*

Telephone*

Facsimile*

Name of Party’s Attorney or Representative*

Name of Firm (if applicable)

Address*

City, State/Province, Country, Post Code*

Telephone*

Facsimile*

Signed (may be signed by a representative)*

Name of Party*

Address*

City, State/Province, Country, Post Code*

Telephone*

Facsimile*

Name of Party’s Attorney or Representative*

Name of Firm (if applicable)

Address*

City, State/Province, Country, Post Code*

Telephone*

Facsimile*

Signed (may be signed by a representative)*

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