11/21/2017
SHOULD YOU CONSIDER AN EARLY NEUTRAL EVALUATION OF YOUR CASE?
Early Neutral Evaluation ("ENE") is a type of alternative dispute resolution. The idea behind an ENE is to obtain a neutral evaluation of the merits of each parties case from an objective third party early on in the litigation or dispute process. Obtaining that evaluation early in the process is crucial because, as is sometimes the case, either the parties or their attorneys, fail to satisfactorily evaluate the merits or value of the case . Those misconceptions force the litigation forward, harden positions and potentially lead to unnecessary litigation expenses and/or unwanted or unexpected outcomes. The ENE process provides an early reality check and can be a good prelude to mediation, if the case does not settle at the time of the ENE.
The ENE process involves each party presenting their case to the mutually selected neutral party, who provides an opinion on the issues in dispute, the strength and weaknesses of each party's position and/or the merits of the case and the likelihood of success.
The benefits of an ENE include:
1. It's voluntary and non-binding. The parties are free to accept or reject the evaluation.
2. It's confidential. Anything discussed or raised during the process cannot later be used in a court proceeding, unless the parties agree, in advance, otherwise.
3. It's informal. There are no rules governing how the evaluation is done. The parties are free to decide how the process will work.
4. It opens the door to the possibility of settlement. With the neutral evaluation in hand, the parties can more realistically explore settlement options and the evaluator can assist in settlement discussions or act as a mediator for the parties.
ENE is one more option in the ADR process to help parties reach a mutually acceptable outcome earlier and at a lesser cost, both financially and emotionally.
