EARLY NEUTRAL EVALUATION (ENE)

ENE is a non-binding informal process that can be done as document-based or through hearings. The third-party neutral examines the evidence, listens to the parties’ positions, and then gives them his/her reasoned evaluation of the prospects of each side and the merits of the case. This will allow the parties to view the case from the other’s perspective, understand their legal positions, and provide them with a valuable incentive to reach an agreement far from litigation.

It is particularly appropriate in cases where:

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  The parties’ positions are so far apart that litigating immediately would inevitably lead to a waste of resources.
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  One party is being unrealistic about its chances of success at trial.
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  The parties have reached an impasse on a particular issue in the case.

ENE doesn’t result in a final decision. It is rather an evaluation process whereby any disclosed material cannot later be used as evidence in court without agreement. It is used as a gatekeeper to other dispute resolution processes, allowing parties to explore all appropriate forum options after a dispute has arisen without restricting them to inappropriate options in advance.  

For any inquiry or to refer a case, please contact us.