Terms and Conditions
The Scope of Early Neutral Evaluation (‘ENE’) Services
- ENE services provided by Juris are designed to provide the parties with an independent evaluation of the specific issues presented by the parties and thereby to assist the parties in resolving their dispute.
Initiating the ENE
- In order to initiate ENE, a requesting party must complete the Juris online Booking Request. Juris will acknowledge receipt of the Request and arrange for the Evaluator to contact the parties.
Management of the ENE
- The Evaluator will be responsible for managing the Evaluation and will provide the parties with such guidance and direction as is requested or needed to accomplish the same in an economic and expeditious fashion. The parties should consider how they wish to run the Evaluation to save costs.
- The Evaluator will, with the assistance of the parties, establish a date of hearing and a reasonable estimate of the time required to complete the Evaluation. If any issue arises between the parties between the time of the initial conference and the scheduled date of the Evaluation, the parties may contact the Evaluator to schedule a management conference to resolve the same.
The Cost of your ENE
- The cost of your ENE comprises the Evaluator’s Fees (plus reimbursement for any reasonable expenses) and an Administration Fee. The Evaluator’s Fee will include both a hearing fee for each hearing day (or part hearing day) and hourly fees for related services as explained in paragraph 7 below.
Evaluator’s Fee and Expenses
- Unless otherwise agreed by the parties, all fees and expenses shall be shared equally.
- Each Evaluator is an independent contractor who sets his or her own fees. Fees include a full day or half day hearing fee and hourly fees for related evaluation services including, but not limited, to an initial conference, case management, pre-hearing reading and preparation of the Evaluation.
- The Hearing Day Fee or Half Day Fee is a minimum fee for the full or half day reserved. If a Half Day booking extends beyond four (4) hours, a full Hearing day fee will be due.
- Where the amount in issue exceeds £500,000 (€500,000 for Republic of Ireland cases), or where there are complex issues or more than three parties, the Evaluator’s Fee will be set on an individual basis after discussion with the parties.
- If the Evaluator must travel more than 25 miles from the nearest Juris office, the parties must share the evaluator’s reasonable travel, accommodation and subsistence expenses.
Juris Administration Fee
- The Juris Administration Fee includes:
- online booking and payment
- guidance and support throughout the evaluation process
- use of the Juris server for uploading documents
- administrative support services to the Evaluator during the ENE
- optional assistance with room reservations
- All invoices must be paid upon receipt by online bank transfer.
- When the ENE Hearing is set, Juris will issue its initial invoice, which must be paid to secure the services of the Evaluator and Juris.
- The initial invoice will include the Hearing Fee, which is the Evaluator’s daily hearing fee multiplied by the estimated number of hearing days and the Juris Administration Fee. Subsequent invoices for hourly fees and expenses may be delivered during the course of the ENE and must also be paid on receipt.
- If the Hearing and Administration Fees are not received in timely fashion, Juris may cancel the ENE and will accept no responsibility for any loss due to such cancellation. The choice of Evaluator cannot be guaranteed until full payment has been received.
- Juris may invoice the parties for the Evaluator’s unbilled hours and expenses at any time.
- Juris acts as the parties’ authorised agent in receiving, holding and paying the Evaluator’s fees and the Evaluator, if registered for VAT, will issue a VAT invoice to the parties.
Responsibility for Room Reservations
- It is the parties’ responsibility to book rooms at a suitable venue for the duration of the evaluation. The parties should also arrange catering for themselves and for the evaluator for the duration of the hearing. The parties remain contractually responsible to the venue for rooms and catering as well as any charges incurred due to postponement or cancellation. Details of the venue should be notified to both Juris and the arbitrator at the time of booking.
Cancellation or Postponement
- There will be no charge for cancellation or postponement unless such cancellation or postponement occur after the Evaluator has incurred billable hours or expenses for evaluation related services in which case those fees and expenses shall be paid in full via online bank transfer upon receipt of the Juris invoice.
- Juris will comply in all respects with Data Protection legislation in force at the relevant time. Unless requested by the parties to do otherwise on terms acceptable to Juris, all documents held by Juris will be destroyed 30 days following the conclusion of the mediation. Likewise, the access to the portal will be removed.
- Juris acknowledges that, in connection with the Evaluation, it may become aware of information regarding the parties or their dispute that may be regarded as confidential. Juris will not release or divulge confidential information regarding the parties or their dispute except as provided by law. This obligation is over and above the duty of confidentiality owed by the Evaluator.
Dispute Resolution and applicable law
- In the event of a dispute between Juris and its clients, the parties agree to submit the same to mediation and failing a mediated resolution, to submit such dispute to binding arbitration.
- Where the dispute arises from an ENE in Northern Ireland, the mediator and/or arbitrator shall be agreed by the parties and in default thereof selected by The President of The Law Society of Northern Ireland. In the event the dispute related to an ENE in the Republic of Ireland, the same provisions apply save that the President of the Law Society of Ireland shall have the power of appointment.
- The costs of mediation shall be borne equally by the parties. The costs of arbitration shall be borne similarly unless the Arbitrator’s Award specifies otherwise.
- The law governing any dispute between Juris and its clients arising from an ENE in Northern Ireland is the law applicable in Northern Ireland and the venue for any such disputes shall be in Belfast. The law governing any dispute between Juris and its clients arising from an ENE in the Republic of Ireland is the law of the Republic of Ireland and the venue for any such dispute shall be in Dublin.