Early Neutral Evaluation

What is Early Neutral Evaluation

Neutral Evaluation, sometimes called “Early Neutral Evaluation,” is a process where a neutral third party hears presentations by disputants of their positions, then provides them with his/her evaluation of the case.Early Neutral Evaluation (ENE) is when disputing parties submit their case to a neutral evaluator through a confidential "evaluation session." The neutral evaluator considers each side's position and renders an evaluation of the case.

ENE can be an effective means of dispute resolution in that it can:

  • 1. highlight and clarify the issues in dispute;
  • 2. be faster than more traditional forms of dispute resolution;
  • 3. demonstrate the limits of a party's case, any gaps in the evidence and the risks involved in pursuing litigation; and
  • 4. Assist in settlement negotiations by encouraging parties to move to a more realistic negotiating position.

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    Early Neutral Evaluation Stages

How Jupitice Platform Can Help

Preparation of Neutral Evaluation

Before the proceedings of neutral evaluation commence, the parties are required to submit a written statement stating the facts and issues from their point of view on JUPITICE PLATFORM. This enables the evaluator to understand the perspective of both the parties. Simultaneously, the parties decide the day, date and mode at which the proceedings shall commence.

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Evaluator’s Opening Statement

The parties’ and the evaluator meet virtually on the decided date and time on JUPITICE PLATFORM. The proceedings commence with the evaluator’s opening statement. He describes his role as a neutral third party, he also states the rules and the various stages of the proceedings.

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Partie's Presentations

The next step is the oral presentation of the parties. The disputants make a presentation of the case from their point of view, the issues that are important pertaining to the case, and the outcome they are seeking from the proceedings. This step is very important because it makes the parties’ aware about the perspective of the other party. It also clears any sort of misunderstanding between the disputants. It also helps the evaluator in identifying the primary and secondary issues of the dispute.

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Evaluator’s Opinion

The final step of the proceedings is the opinion of the evaluator. The neutral third party will provide his opinion on every issue of the dispute, and then suggest possible points on which parties’ may negotiate and compromise. The evaluator also mentions the possible outcomes of litigation if the parties decide to move to court. It should be kept in mind that the opinion and the evaluation of the neutral third party is not binding on the disputants.