Part 2: Early neutral evaluation or arbitration? Emma Sadler considers the alternatives to litigation
Alternative dispute resolution (ADR) has increased in popularity steadily over the last decade. In part one of this article the merits of mediation and expert determination were discussed (see NLJ, 30 January 2009, p 154). Part two considers the benefits of avoiding litigation by using early neutral evaluation (ENE) and arbitration.
Early neutral evaluation
ENE is one of the least well-known methods of ADR. Its purpose is to provide disputing parties with an indication from an independent evaluator of the likely outcome of a dispute. The Commercial and Admiralty Court Guide provides for its use after proceedings have commenced.
Since the purpose of ENE is to give an early view of the likely outcome at trial, it is important that the evaluator is, as far as possible, put in a similar position to that of a trial judge. To achieve this, considerable preparation may be needed although this can be lessened by co-operation between the parties in producing documents such as agreed statements of fact. For
