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Introducing Early Neutral Evaluation (ENE)
Early Neutral Evaluation (ENE) is an alternative dispute resolution process that provides disputing parties with an early, honest evaluation by an objective observer of the merits of their case.
ENE is useful when parties disagree significantly about the value of their cases and have staked out positions that they will have a hard time retreating from.
It's Voluntary
ENE is a voluntary process. It does not eliminate other dispute-settlement options. It does not require giving up the possibility of a contested trial. The evaluator cannot force a settlement of the dispute.
It's Confidential
ENE is confidential. Information disclosed, representations or concessions made, and admissions acknowledged solely in the context of the evaluation are not admissible in court. The evaluator cannot be called to testify in court.
It's Neutral
ENE is a neutral process. The evaluator is a disinterested third party. The evaluator is not a decision maker, a litigator, a consultant or an investigator for either side. The evaluator is specifically prohibited from taking any future role in the case if ENE is not successful in resolving the dispute.
And It's Flexible
It can be used to resolve one tough issue (such as the enforceability of a marital property agreement) or a cluster of issues. It can be used by one party and his/her lawyer, or by both parties and their lawyers.
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