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Early Neutral Evaluation

“ENE” stands for EARLY – NEUTRAL – EVALUATION. Here is how it works.

ENE is different to mediation which does not suit every dispute, particularly ones where there is a difference of opinion between the legal advisers about the law or how a contract is to be interpreted.

In ENE, instead of a mediator guiding the parties to an agreement, they appoint a NEUTRAL person to provide an EVALUATION of the dispute or an aspect of it.

The NEUTRAL person is someone who is able, based upon experience, to predict what the outcome is likely to be if the case goes to court; and so to provide an EVALUATION of the dispute.

The EVALUATION will be given after both sides have had an opportunity to provide a summary of their case. Sometimes there is a short hearing for that purpose; otherwise the process is dealt with on paper.

The EVALUATION will say what the outcome of the case is likely to be if it goes to court and there will be a short explanation for reaching that view. It is like getting a second opinion from someone who is completely impartial. Just like the judge will be if the case goes to court.

Importantly, the EVALUATION is not binding on either side. With the benefit of the EVALUATION both sides will have a clear idea about what the outcome will be if they take their case to court. But they don’t have to accept it.

The process of ENE, like mediation, is completely private. If the case goes to court later, the court will not know about it and so it will not prejudice either side.

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