04/09/2026
Not every commercial dispute needs to move immediately into arbitration or litigation.
Sometimes, the parties first need an informed and independent assessment of where they stand.
Early Neutral Evaluation is a confidential and relatively informal process in which an independent neutral evaluator considers the facts, evidence and legal merits of a dispute. The evaluator then provides a non-binding assessment.
Unlike a binding determination, the evaluation does not decide the dispute for the parties. Instead, it can help them better understand the strengths and weaknesses of their respective positions, identify the issues that genuinely require resolution, assess the possible risks of continuing with formal proceedings, and approach negotiations or mediation with more realistic expectations.
This can be particularly useful when opposing views about the likely outcome are preventing productive discussions.
Clarity does not automatically create agreement. But an independent assessment can help move the conversation away from assumptions and towards a more informed evaluation of risk, cost and opportunity.
Sometimes, the most useful first step is not asking, "Who will win?" It is asking, "What do we need to understand before deciding what comes next?"
Learn more → https://nzdrc.co.nz/early-neutral-evaluation/