Unless the parties and the Evaluator agree otherwise, or unless the Evaluator directs otherwise, the procedure for the Early Neutral Evaluation is Schedule 2 to the Agreement shall apply.
1.0 The Evaluator shall convene a Preliminary Conference with the parties and their representatives within five (5) working days of the date of acceptance.
2.0 Each party shall, within ten (10) working days of the date of acceptance, serve on the Evaluator and every other party in hard copy by courier, a copy of that party’s submission of case together with all supporting documents and evidentiary material.
The submissions of case shall include:
3.0 The Evaluator shall convene an Evaluation Conference on or before the fifteenth (15th) working day from the date of acceptance.
4.0 The procedure for the Evaluation Conference will be as follows:
5.0 The Evaluator may request any party to provide further information or evidential material which shall be provided to the Evaluator and every other party within three (3) working days of receipt of any such request and in the manner requested by the Evaluator.
6.0 Any other party may file a submission in response with the Evaluator and every other party within a further three (3) working days.
7.0 The Evaluator shall make an Evaluation of the disputed matters within ten (10) working days of whichever event is the latter of:
(a) The Evaluation Conference; or,
(b) Receipt by the Evaluator of any further submissions, information, documents or evidentiary material requested by the Evaluator of any party following the Evaluation Conference.
8.0 The Evaluation shall be made in writing and shall state the reasons upon which it is based.
9.0 The Evaluation shall record the Evaluator’s opinion as to the likely incidence of liability, and where appropriate, a range of damages if the dispute were to be resolved by a court based on the material put forward by the parties in the course of the Early Neutral Evaluation.
10.0 The Evaluation shall not be binding on the parties.
11.0 The Early Neutral Evaluation may be terminated at any time by a party after consultation with the Evaluator.
12.0 The Evaluator may suspend or terminate the Evaluation at any time if the Evaluator feels unable to assist the parties in providing an Evaluation of the dispute.
13.0 The Early Neutral Evaluation will be terminated upon the signing of a settlement agreement in respect of the dispute referred to Early Neutral Evaluation or upon the provision of the Evaluation to the parties, whichever is the earlier event.