Law Society Neutral Evaluation and Determination Scheme
What is Neutral Evaluation and Determination?
Neutral evaluation and neutral determination are private processes where parties agree to refer their dispute to a Neutral whose role will be to provide a summary evaluation of the dispute or temporary determination of the matter.
The aim of the neutral evaluation and neutral determination processes is to create stable truces and lasting peace by dealing with disagreements and disputes that do not reach formal proceedings. These processes are generally speedier and less costly than litigation and arbitration. The Law Society of Singapore administers the Law Society Neutral Evaluation and Determination Scheme.
Important features of the Law Society Neutral Evaluation and Determination Scheme (‘LSNEDS’)
- All types of civil disputes are suitable for neutral evaluation and neutral determination and there is no monetary limit for a civil dispute under the LSNEDS.
- Parties are not permanently saddled with the result; they have a subsequent chance of asserting their rights through the formal dispute resolution processes.
- The evaluation or determination is strictly limited to those parties and that dispute.
- It also remains a possibility that a party who commences litigation or arbitration on the substantive dispute might obtain a stay of a determination pending the resolution of the proceedings. This preserves parties’ rights and the court’s or tribunal’s discretion in appropriate cases.
- An evaluation is advisory only. In contrast, a determination or a costs decision is binding until the dispute is ultimately determined by an arbitrator or a court or other body of competent jurisdiction.
- The Neutral will give the Evaluation or Determination to the parties within (14) days after the date of the Neutral’s receipt of the Response or the date for giving the Response, whichever is earlier.
The LSNEDS Panel of Neutrals
The President of the Law Society will appoint the Neutral from the LSNEDS Panel of Neutrals (‘Panel’). The members of this Panel are experienced lawyers who have satisfied the criteria set out by the Law Society of Singapore.
The list of Panel members can be viewed here.
Neutral’s fees under the LSNEDS is fixed according to a scale prescribed by the Law Society. Administrative charges are also payable upon delivery of an application for neutral proceeding.
Click here for a copy of the current LSNEDS Neutral’s Fees and Administrative Charges.
Frequently Asked Questions
For a list of frequently asked questions on the LSNEDS, please click here.