Early neutral evaluation is a non-binding Dispute Resolution Method. Most individuals resort to including ENE clause in their contractual agreements along with the arbitration clause to get their case valued pre-trial. The process involves parties (one party or both sides) to a dispute to seek the advice of an attorney about the strength of their cases when presented before the Court of law. An objective evaluation by a well-versed lawyer can sometimes move the parties from their anterior unrealistic positions, or at least provide them with more insight into their cases’ strengths and weaknesses. The success of this technique depends upon the parties’ faith in the fairness and objectivity of the neutral third-party, and their
Some Examples of ENE could be:
(1) Social ENE: It includes family, matrimonial or custody issues
(2) Financial ENE: It is used for division and property disputes
(3) Contractual ENE: involving small business transactions.
The evaluator requests one of the parties to present the claims or defence along with substantial evidence. Since it is not a formal court proceeding, it’s an opportunity for parties to settle the matter and discuss the issues of concern before the evaluator. The Evaluator writes the arguments presented and after thoroughly listening to both the parties the Evaluator informs the parties of their stand in accordance with law, if presented before the Court or Arbitrator. The Evaluator asks the parties to discuss the issues and disagreements and through this discussion, the parties may arrive at a conclusion and resolve their issues. It would be highly beneficial where they don’t have to go to court. If only some things are resolved, then the Evaluator tells the court the agreements about those things. The rest has to be decided by the court. If no agreements are made, everything has to be decided in court. ENE can save valuable time and money and is a safe setting to negotiate with each other and
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