When you and your former partner cannot reach an agreement, going to court is not necessarily the only option.
A neutral evaluation can give you an independent and informed view of the likely outcome of your dispute, helping both of you assess your positions realistically and explore whether an agreement can be reached without contested Family Court proceedings through family mediation or another form of non-court dispute resolution.
What is a Neutral Evaluation?
Neutral evaluation is a form of non-court dispute resolution.
You and your former partner present the issues in dispute to an independent and appropriately experienced family law professional.
The evaluator considers the circumstances and provides a neutral assessment of the likely outcome or possible ways forward.
Unlike a judge in contested court proceedings, the evaluator does not generally impose a decision on you.
Instead, the evaluation provides both parties with an informed, impartial view that can be used to support further negotiations.
Sometimes, hearing an independent assessment can help both parties reconsider their positions and identify a potential compromise.
How Does Neutral Evaluation Work?
The exact process can be tailored to the circumstances of your dispute.
Generally, both parties agree to appoint an independent evaluator with appropriate expertise.
Information about the dispute is then provided so that the evaluator can understand the issues and each person's position.
Depending on the case, the process may involve:
- identifying the issues that remain in dispute;
- agreeing an independent evaluator;
- preparing relevant documents and information;
- providing written summaries of each person's position;
- attending a neutral evaluation meeting;
- allowing each person to explain their position;
- the evaluator considering the relevant information; and
- receiving the evaluator's independent assessment.
Following the evaluation, you can use the indication as a basis for further negotiations.
If an agreement is reached, your solicitors can advise you about how that agreement should be formally recorded.
What Does a Neutral Evaluator Do?
The evaluator's role is different from that of your solicitor.
Your solicitor advises you and protects your individual interests.
The neutral evaluator does not act for either party.
Their role is to assess the dispute independently and provide an impartial view based on their family law expertise.
Depending on the circumstances, the evaluator may provide an indication of how a court might approach the issues or suggest potential ways in which the dispute could be resolved.
This can be particularly valuable where both parties have become firmly attached to different interpretations of what a fair or realistic outcome would be.
What Family Law Disputes Can Neutral Evaluation Help With?
Neutral evaluation can potentially be used in a range of family law disputes.
These may include disagreements concerning:
- child arrangements;
- where a child should live;
- how much time a child spends with each parent;
- specific issues concerning a child's upbringing;
- relocation;
- schooling;
- financial arrangements following separation;
- particular issues within financial negotiations; and
- other disputes where an independent assessment could help negotiations progress.
Whether neutral evaluation is appropriate will depend on the nature of your dispute and what you want the process to achieve.
Our family law solicitors can help you decide whether neutral evaluation or another form of non-court dispute resolution would be more suitable.
Neutral Evaluation for Child Arrangements
Neutral evaluation can be particularly useful where separated parents disagree about arrangements for their children but want to avoid asking the Family Court to make the final decision.
For example, you may disagree about:
- where your child should live;
- how their time should be divided between parents;
- overnight stays;
- school holiday arrangements;
- changing schools;
- relocation; or
- another important parenting decision.
A neutral evaluator can consider both parents' positions and provide an independent view of how the issues might be approached if the dispute went before the Family Court.
This can give parents a more realistic understanding of their respective positions.
The aim is not to identify a "winner" and a "loser", but to provide an informed assessment that helps parents find a way forward focused on their child's welfare.
What Are the Benefits of Neutral Evaluation?
Neutral evaluation can provide several advantages for separating couples and families.
An Independent Perspective
When negotiations have continued for some time, it can become difficult for either person to assess their position objectively.
A neutral evaluator brings a fresh and independent perspective to the dispute.
A Realistic Assessment
The evaluator can help you understand how strong or weak particular arguments may be and what outcome might realistically be achieved if the dispute progressed.
This can narrow the gap between competing positions.
You Retain Control
An evaluation does not generally impose the final settlement on you.
You remain responsible for deciding whether to negotiate an agreement following the evaluator's indication.
It Can Break a Deadlock
Sometimes one particular issue prevents an entire case from settling.
An independent view on that issue can provide the momentum needed to restart productive negotiations.
Privacy
Neutral evaluation takes place privately.
This can be particularly valuable for families who want to resolve sensitive financial or child-related matters away from contested court proceedings.
Flexibility
The process can be adapted to the particular dispute.
You may need an evaluation of the entire case or simply an independent assessment of one issue preventing settlement.
Potentially Faster Resolution
Court proceedings can involve significant waiting periods between hearings.
A private neutral evaluation can generally be arranged around the availability of the parties, their lawyers and the evaluator.
If it results in settlement, this can save considerable time.
Potentially Lower Costs
Although there will be costs associated with appointing an evaluator and obtaining legal advice, resolving a dispute through neutral evaluation may be significantly more cost-effective than continuing lengthy contested proceedings.
Consilia Legal Can Help With Neutral Evaluation
When negotiations reach a deadlock, it can feel as though court proceedings are inevitable.
They may not be.
An independent evaluation can provide the clarity needed to reassess positions, narrow the issues and find a way forward.
Our experienced family law team can assist with:
- assessing whether neutral evaluation is suitable;
- choosing and appointing an appropriate evaluator;
- preparing for neutral evaluation;
- financial disputes;
- child arrangement disputes;
- relocation and schooling disagreements;
- complex and high net worth financial cases;
- negotiations following an evaluation;
- preparing consent orders;
- Private FDRs;
- family mediation;
- collaborative practice;
- family arbitration; and
- advising on court proceedings where agreement cannot be reached.
We can help you understand the full range of options available and choose a proportionate way to resolve your dispute.
Speak to Our Family Law Team About Neutral Evaluation
If you and your former partner have reached a stalemate but want to avoid contested Family Court proceedings, neutral evaluation could help you move forward.
Consilia Legal's experienced family law team can explain how neutral evaluation works, whether it is suitable for your circumstances and how it compares with mediation, arbitration and other forms of non-court dispute resolution.
Speak to our family law team today to discuss your circumstances and find the right way forward. Contact us today on 0113 322 9222 or email enquiries@consilialegal.co.uk
