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Early Neutral Evaluation Program

The Law Society’s Early Neutral Evaluation (ENE) Program allows disputing parties to obtain a reasoned, non-binding assessment of their case from a neutral third party called an evaluator.

The Program is aimed at people whose disputes are at a pre-trial stage and who want to understand the likely results of going to Court. The process is confidential.

Evaluators are senior legal practitioners who are currently appointed to the Supreme Court Evaluators' Panel.

How the Law Society ENE Program works

1. Upon the receipt of fees from both parties, the Law Society appoints an evaluator from the Supreme Court Evaluators’ Panel.
2. The evaluator organises a preliminary conference at a time and location convenient for all parties. The parties, their solicitors and other advisors must attend the conference to sign the Law Society Evaluation Agreement, which defines the roles of all participants.
3. After all participants have signed the Agreement, the evaluator will conduct the evaluation session. This may be held straight after the preliminary conference or at another time. The parties must attend the evaluation session unless otherwise agreed with the evaluator.
4. During the session the parties or their representatives need to outline their respective cases on liability and damages and any other remedies sought and produce any related evidence by which they intend to prove their case.
5. The evaluator may ask questions and help the parties identify the main issues in dispute as well as the areas of agreement. The evaluator may offer an opinion as to the likely incidence of liability and where appropriate, a range of damages. The evaluator has no power to impose a settlement or to determine the pre-trial management of the case.
6. With the benefit of that assessment, the parties are encouraged to discuss settlement with or without the evaluator's assistance. They may explore ways of narrowing the issues, exchanging information about the case, or otherwise preparing efficiently for trial.
7. The evaluator reports to the Court the fact that the evaluation has taken place but not the details of the evaluation.

What does it cost?

Each party to the dispute must initially pay $660 (includes GST) to the Law Society. This covers a:

• Law Society administration fee of $110
• preliminary conference of up to one hour, and
• three hour evaluation session.

If the evaluation session extends beyond the initial three hours the parties will be charged at an hourly rate as determined in the preliminary conference.

The cost of venue hire is the responsibility of the parties.

The evaluation fee is refundable if a party withdraws prior to the preliminary conference. If the withdrawal occurs after the preliminary conference and before the evaluation session, half the evaluation fee is refundable. These fees may be subject to change.

Other requirements

Where a party is not an actual person (such as an organisation or company) it will need to be represented by a properly authorised person with authority to settle the matter, within any range that can reasonably be anticipated. Parties may have one or more persons, including a solicitor, to assist and advise them during the mediation.

How to apply?

To apply, parties need to:

1. Complete the online Mediation or Evaluation Program application form.
2. Pay the initial evaluation fee.

Once the fee is received from both parties, the Law Society will appoint an evaluator.

More information

For more information, including a copy of the Evaluation agreement, download the Mediation and Evaluation Information Kit.