The use of a neutral to give his opinion on a matter often of the potential outcome of the dispute.
An assessment (see Assessment) of a dispute, usually conducted at the beginning of a court-connected ADR process. Developed in the federal district court in the Northern District of California. ENE helps parties and their legal counsel to determine the strengths and weaknesses of their case through neutral analysis. Designed to be used prior to significant discovery.
Also referred to as "ENE." This is a process in which a neutral fact finder, often one with substantive expertise, evaluates the merits of a case. The neutral provides a non-binding evaluation intended to give parties an objective perspective on the strengths and weaknesses of their cases, thereby making further negotiations more productive. FACILITATED NEGOTIATIONS: Negotiations between or among parties for the purpose of resolving differences, solving problems, and reaching decisions by consensus. Facilitated negotiations require the assistance of a qualified facilitator who runs the meetings, keeps the parties focused, guides them in the process, encourages ground rules, and takes notes.
In neutral evaluation (sometimes known as non-binding arbitration) the parties present their case to a neutral third party who then prepares an opinion on the case or some aspect of it. This opinion is not binding on the parties involved in the dispute.
An expert is appointed to review the case then tell the parties what the likely outcome would be if they went to trial. ENE is not binding and enables the parties to negotiate a settlement having heard the evaluation.
A process in which parties present facts and legal arguments concerning the appropriate resolution of their case to each other and an impartial lawyer or expert in the substantive area of the dispute who gives an advisory opinion on the issues presented.
is a process in which the parties to a dispute present, at an early stage in attempting to resolve the dispute, arguments and evidence to a neutral third party. That third party makes a determination on the key issues in dispute, and most effective means of resolving the dispute without determining the facts of the dispute. (NADRAC's Definitions Paper)
A dispute resolution process designed to expedite court cases that are in the early pretrial stage. Attorneys and their clients who have filed a case in court meet with a private neutral, sometimes voluntarily and sometimes at the behest of the court. The neutral assesses the issues and positions of each side and offers an opinion of how the case will fare at trail, in an effort to encourage negotiation and settlement. Discovery management can also arise from this process.
ENE occurs when two or more parties in dispute ask an outside authority to give them an opinion about some aspect of their dispute (often a non-binding determination of the outcome of their case). The expert’s opinion may or may not influence the outcome of their discussion/negotiation. Often, this tool is used for issues of a more technical nature and the outsider is a recognized expert in the subject matter in dispute.
A way to find out how strong your case is. A neutral person (called an evaluator) looks over the case with both sides and tells them what the court will probably decide.
The process by which an neutral third party imparts to the parties his/her views as to the strengths and weaknesses of their respective positions relating to an issue in controversy. This process frequently is combined with conciliation or mediation.