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24 July 2020 / Suzanne Rab
Issue: 7896 / Categories: Features , Profession , ADR , Mediation
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ADR: Just in time for Early Neutral Evaluation?

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Professor Suzanne Rab explains the pros & cons of Early Neutral Evaluation, & offers some practical advice
  • Gives practical advice on appointing an evaluator and other ENE matters.
  • The author has witnessed an increase in ENE in the context of COVID-19, which can be arranged quickly and conducted remotely.

Early Neutral Evaluation (ENE) is a method of alternative dispute resolution (ADR). It is a flexible way to resolve disputes without the parties having to engage in full-scale litigation. Like other alternative dispute resolution (ADR) methods, including mediation, one of the main attractions of ENE is the flexibility it offers to resolve disputes at comparatively less cost and in a timely manner. It may also be conducted without a physical hearing. These factors have contributed to renewed interest in ENE as the social distancing and economic uncertainty connected with the pandemic continues to be felt.

What is ENE?

ENE has evolved to mean different things: first, a voluntary option and latterly a court-sanctioned process. It

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