EARLY NEUTRAL EVALUATION IN THE CONTEXT OF ALTERNATIVE DISPUTE RESOLUTION IN COMMON LAW AND CIVIL LAW SYSTEMS IN CONSTRUCTION DISPUTES; CONTEXT AND POTENTIAL IN INDONESIA

Abstrak

Early neutral evaluation is a non-binding form of Alternative Dispute Resolution mechanism, is becoming well known in both common law and civil law systems, and has emerged as a valuable tool in Alternative Dispute Resolution processes. It designed to serve as a basis for further and fuller negotiations, or, at the very least, help parties avoid further unnecessary stages in litigation. This paper will derive into the unique challenges of construction dispute and examine how Ealy Neutral Evaluation can address these challenges, where expert evaluation is necessary to meet dynamic of the technical complexities and multi stakeholder. This paper attempts to explores the integration of Early Neutral Evaluation into Indonesia’s construction disputes framework, comparing the relevance in common law and civil law systems and describe key challenges and implementation opportunities. By understanding the benefits and limitation of Early Neutral Evaluation, stakeholders in the construction industry can make informed decisions about its implementation and maximized its potential to resolve disputes effectively.