Early neutral evaluation is a process in which the parties involved can appoint an independent person to provide a non-binding opinion on the merits of the parties’ case.
Why use ENE?
Sometimes the parties to a dispute have diametrically opposed perceptions about the issues affecting their dispute or the weight or effect of the documentary evidence. Where the parties will be keen to find a commercial resolution, but their widely differing perceptions of the issues in the case are getting in the way, an early neutral evaluation of those issues may be a positive solution. Once the evaluation is made, on however many issues have been referred, the intention is that the parties use that as a basis for negotiation.
Overview of ENE's :
When all the relevant evidence is available, it is sent to the neutral conducting the early neutral evaluation for review.
Both people involved and their legal representatives meet the neutral who will evaluate and explain the respective merits of each person's case, and suggest what the court might decide on the evidence.
The senior neutral acting as an early neutral evaluator has no power to decide what should happen next. That decision remains with the parties involved,
The evaluation procedure is confidential, cost-effective and promotes settlement, even when the dispute is at an advanced stage.
"Early Neutral Evaluation can assist those involved in a dispute to understand the likely impact of different factors on the processes and to gain an indication of what the outcome of court proceedings might be. This may raise the likelihood of a settlement and avoid a final court hearing".
Our members are leaders in their chosen specialism and are available to undertake neutral evaluations of individual issues or of your case as a whole.