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ADR involves ?off-the-record? conversations instead of sworn, recorded testimony and exhibits. Improved communications. Both sides have the chance to talk about their needs and interests. This can help the parties better understand one another, and find common ground for building an agreement.
Early Neutral Evaluation refers to a process in which an impartial attorney, selected by the parties and with subject matter expertise, provides a non-binding evaluation of the case and is available to assist the parties reach a mutually acceptable agreement.
Early neutral evaluation gives the parties a chance to come together early on in the case and listen to the strengths and weaknesses of each case. The neutral evaluator will assess the positions of the parties and provide the parties with a picture of what the case might look like as it moves through the court system.
Early neutral evaluation is a process that may take place soon after a case has been filed in court. The case is referred to an expert, usually an attorney, who is asked to provide a balanced and unbiased evaluation of the dispute. The parties either submit written comments or meet in person with the expert.
In ENE the judge is involved at early stages as well as in the finalization of the agreement. One primary difference between early neutral evaluation and mediation is that early neutral evaluation takes place completely within the court system and mediation does not.
Neutral evaluation is a way to resolve a legal dispute without going to trial. During neutral evaluation, a neutral third party (the evaluator): Evaluates the case based on evidence provided by you and the other party. Provides an estimate of the likelihood of success of your case at trial.