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Early neutral evaluation, MediationFriday 11 March 2022

Sir Paul Morgan appointed an Evaluator with Independent Evaluation

We are delighted to announce that Sir Paul Morgan has been appointed as an Evaluator with Independent Evaluation (IE), while remaining a full-time Arbitrator and Mediator at Wilberforce Chambers.

IE is a unique form of dispute resolution that combines Early Neutral Evaluation with Facilitative Mediation. It is designed to achieve the best possible outcome for all parties in a dispute, in a short amount of time. According to IE, Evaluators offer “the highest calibre of legal expertise and are at the very top of the legal profession”.

The IE process:

  1. Directions: At the outset of the IE process, the parties submit their documents and evidence, and the appointed Evaluator starts the process of analysis and fact finding, liaising with parties as required. A high number of cases resolve at this early stage, once the parties have liaised with the Evaluator.
  2. Evaluation day: If the matter proceeds to an evaluation day, the Evaluator discusses the key issues, explains to each party the strengths and weaknesses of their case and advises what the likely outcome would be if the case went to court. This impartial assessment gives the parties a better understanding of their position and helps them make necessary decisions. The Evaluator then announces the evaluation (the proposed settlement) and, through a process of facilitation, helps both parties achieve the best possible outcome.

IE is non-binding throughout. The parties are free to reject the proposed evaluation should they wish and revert to the Courts. The agreements reached are legally binding settlement agreements.

For more information, please visit the IE website, here.

Sir Paul Morgan is an arbitrator and mediator at Wilberforce Chambers with 30 years’ experience as a barrister (15 of those as a QC) and 14 years’ experience as a Chancery High Court judge. His judicial experience will help him to form a realistic and independent view of what would be likely to happen if a dispute went to court for judicial determination.

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