FICM has access to neutrals who can provide parties with a preliminary assessment of facts, evidence or legal merits.
This process, commonly known as Early Neutral Evaluation, or ENE, is designed to serve as a basis for further and fuller negotiations, or, at the very least, help parties avoid further unnecessary stages in litigation.
FICM can assist by proposing suitable experts to act as the early neutral evaluator. We will also handle all aspects of the early neutral evaluation arrangements. These include arranging document exchange, administrating funds, resolving procedural difficulties and providing support and guidance to the parties and the neutral as required.
Advise you on the most appropriate evaluator for your dispute
Give guidance on likely costs
Appoint the neutral of your choice or select one for you
Provide support and guidance during the process
We can also offer follow-up assisted negotiation or independent chairing where helpful.
FICM’s fee for providing this service is USD 1,500.00+GST shared equally between the parties. The neutral will be paid fees and expenses and their rates will vary subject to which expert is chosen. Typically hourly rates will be in a range between USD200 and USD800 per hour. Please contact us to discuss fees for specific neutrals or cases.
Commodity supply contracts
Construction & Engineering disputes
Information Communication & Technology projects
Pension rights transfers
Price adjustments on take-overs
Valuation of shares in private companies
The opportunity to use early neutral evaluation can arise in a number of ways. The parties’ contract may provide for early neutral evaluation to resolve any disputes that arise, or the parties may decide to use early neutral evaluation to resolve an existing dispute in preference to the system provided by their contract. Early neutral evaluation can be chosen as the method of dispute resolution either of specific issues or of all disputes arising under a contract.