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Neutral evaluation is a process of evaluation of a dispute in which an impartial evaluator seeks to identify and reduce the issues of fact and law in dispute. The evaluator’s role includes assessing the relative strengths and weaknesses of each party’s case and offering an opinion as to the likely outcome of the proceedings, including any likely findings of liability or the award of damages.
Neutral evaluation is undertaken pursuant to Pt 6 r 6.2 of the Land and Environment Court Rules 2007. The Court may refer any civil proceedings for neutral evaluation by an evaluator agreed to by the parties or appointed by the Court. The Court may refer proceedings for neutral evaluation with or without the consent of the parties (Pt 6 r 6.2(2) and (3) of the Land and Environment Court Rules 2007).
The Court provides a neutral evaluation service at no cost to the parties by referral to a commissioner of the Court. The Court may also refer proceedings for neutral evaluation to an external evaluator not associated with the Court, by agreement of the parties. The parties are responsible for the costs of an external evaluator.
Each party to proceedings that have been referred for neutral evaluation is under a duty to participate, in good faith, in the neutral evaluation (Pt 6 r 6.2(4) of the Land and Environment Court Rules 2007).
Neutral evaluation might result in the following outcomes:
08 May 2023
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.