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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 is generally understood to be an option whereby a neutral expert

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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