Early Neutral Evaluation of Disputes
Early Neutral Evaluation of dispute or in short ENE, is an independent and impartial process where an Advisor or an Evaluator is appointed by the parties to give an assessment or "evaluation" of the merits of their respective cases.
Origin and Development of ENE is dated to 1985 at the Federal Courts of California where it had operated an experimental program in the expedited dispute resolution by way of Early Neutral Evaluation (ENE).
The development of ENE was led by the desire of the judges to make litigation less expensive and burdensome for clients. They thought that this could best be achieved by getting a neutral party to intervene in the early stages of the litigation process and to inject a dose of “intellectual discipline, common sense, and more direct communication.
When should early neutral evaluation be used?
The evaluator can provide an authoritative view of the issues at the heart of the case and an experienced evaluation of the strength of the evidence available to deploy in addressing those legal issues. This valuation may then be used as the basis for settlement negotiations.
The ENE process is very flexible. It can be used to explore any combination of legal, evidential, factual or technical questions.
What is the role of an early neutral evaluation?
The neutral evaluator considers each side's position and renders an evaluation of the case. Contracting parties can include an ENE clause in the contract, which represents their agreement to submit to ENE in good faith to resolve any contractual disputes.
How does Early neutral evaluation works?
It is a confidential process in which a neutral third party, who is an expert in the subject matter of the dispute, hears abbreviated arguments on the claims, defenses and expected court outcomes from each party.
The neutral evaluator then issue a non-binding opinion of the projected likely outcome of dispute, related issues or the likely court decision.
An ENE interactions are intended to occur relatively early at the pretrial stage so litigants can use it to reduce the disproportion between litigation transaction costs and case value and to rework the most pointedly focused and efficient case development plan possible.
Is early neutral evaluation binding?
The view of ENE is without prejudice and has no binding effect on the parties.
IDRC e-Arbitration
Business Friendly
Helps the parties resolve disputes without sacrificing the business relationship
Cost-efficient
By a speedy resolution the parties can focus on profitable business activities rather than spending time and money on litigation
Enforceable
The arbitral award is enforceable as a decree
Fast
A IDRC e-Arbitration is completed within prescribed time.
Paperless
The entire arbitration process is completed without a piece of paper being used.
IDRC e-Mediation
Business Friendly
Helps the parties resolve disputes without sacrificing the business relationship
Cost-efficient
By a speedy resolution the parties can focus on profitable business activities rather than spending time and money on dispute resolution
Fast
A IDRC e-Mediation is usually completed within a prescribed time.
Flexible
The parties are actively in control of the dispute resolution process.
Paperless
The entire mediation process is completed without a piece of paper being used.
