Early neutral evaluation can be used to settle disputes between two or more parties. Parties may enter into an early neutral evaluation agreement which incorporates these rules.

Parties may ask ArtResolve to help them to select a neutral (or neutrals). In these rules the term ‘neutral’ is used to mean one or more neutral. ArtResolve will suggest at least two potential appointees, having first ensured that they do not have conflicts of interest which prevent them from accepting the appointment. A neutral is impartial, independent and neutral. A neutral may be accompanied by a pupil.

The neutral agrees fees and payment terms (including those for advance payment) with the parties, having first notified ArtResolve of the level of fee sought. 

Neither the neutral nor any pupil can be required by the parties to act as a witness, consultant or expert in any subsequent proceedings, or to produce any documents. The neutral cannot serve as an arbitrator if the dispute goes to arbitration. The neutral can however act as an expert in a subsequent expert determination of the dispute.

Neither the neutral, or any pupil, nor ArtResolve undertake any responsibility to the parties for any act or omission, including acts or omissions amounting to negligence, in connection with the early neutral evaluation, except where bad faith is shown.

The early neutral evaluation process is voluntary, and any party and the neutral may withdraw at any time.

The early neutral evaluation process is confidential and without prejudice to any future proceedings.   

Unless otherwise agreed, parties provide summaries of their cases for the neutral, with copies to each other, by a date determined by the neutral. 

The neutral then considers the summaries, makes any investigations s/he thinks fit, and then produces a written evaluation for the parties.

The written evaluation is not binding on the Parties, but they may agree to use it for that purpose.