Early Neutral Evaluation

The technique of early neutral evaluation (ENE) provides early focus in complex commercial disputes, and based on that focus offers a basis for sensible case-management or a suggested resolution of the entire case in its very early stages.

In early neutral evaluation, an evaluator acts as a neutral person to assess the strengths and weaknesses of each of the parties and to discuss the same with parties jointly or in caucuses, so that parties gain awareness (via independent evaluation) of the merits of their case. In the case of mediation, solutions normally emerge from the parties themselves and mediators endeavor to find the most acceptable solution by bridging gaps between the parties.

Parties generally call on a senior counsel or on a panel with expertise and experience in the subject-matter under dispute in order to conduct ENE. One refers to such persons as “evaluators” or as “neutral persons”.