Case appraisal is a process where a neutral third party, called a case appraiser, helps the parties resolve their dispute by providing a non-binding opinion on the facts and the likely outcomes. This non-binding opinion may also include advice regarding the parties’ next steps.

Case appraisal is a quick process, most suited to cases that:

• are not complex
• have minimal issues in dispute
• have no witnesses
• do not have lengthy evidence.

The opinion received in a case appraisal is not binding and you cannot use it as evidence in any other proceedings before us. After receiving the opinion the parties may wish to negotiate an agreement.

We hold all case appraisal conferences in private.

 

Reasons to use case appraisal

Case appraisal is a faster, less formal, more cost-effective and most likely quicker process than other dispute resolution methods.

Just like mediation and conciliation, you can use case appraisal for disputes over:

• eligibility
• selection
• disciplinary matters
• bullying, harassment or discrimination

You cannot use case appraisal, conciliation or mediation for anti-doping disputes or appeals.

Case appraisal is different to mediation and conciliation. In mediation and conciliation, the main role of our is to help the parties reach an agreed resolution to their dispute.

 

In a case appraisal, we:

• assesses the claims, statements and evidence of the parties
• provide an opinion on the facts and likely outcomes should the dispute proceed to arbitration.

We provide their opinion orally, unless the parties agree before the case appraisal to provide it in writing. After, we provide their opinion, they may then help the parties settle the dispute if this seems to be possible.

The difference between case appraisal and arbitration is that in arbitration, we make a binding and enforceable decision about the outcome. In case appraisal, we provide a non-binding opinion based on the material provided by the parties. Arbitration is a longer process as it involves preparing submissions, filing evidence, and hearings.

This means that there is no guarantee that case appraisal will deliver a resolution. However, the opinion shows the parties how they could resolve the dispute, from the point of view of an independent, objective third party. This might help the parties to resolve the dispute without the extra time and cost of arbitration, or even court litigation.

You cannot use anything that is said or done in a case appraisal in an arbitration, if the case appraisal fails to resolve the dispute.