Douglas Beckwith

Early Neutral Evaluation

When to use it:  Opportunities present themselves to use Early Neutral Evaluation (ENE) in several ways.  These include:

  1. When the contract provides for the use of ENE (or a similar procedure).
  2. When the parties decide that they would like to have a preliminary view of their dispute before it proceeds to more a formal stage.
  3. When the parties would like to examine a specific issue within the context of a wider dispute.

Scope of the Service

Our ENE services are based on the appointment of a single Neutral person, expert in their field, to review materials provided to them and to express a non-binding opinion on the merits of the issues raised.  It provides an unbiased assessment of the parties' relative positions and stands as guidance on the likely outcome should the matter proceed to be heard in adjudication or litigation.

Our ENE services includes:

  1. Ability to select your own Neutral person from our panel, subject to availability.
  2. Completing the administrative arrangements for the ENE to be carried out, including the ENE agreement.
  3. Establishment of the procedure and issue of Directions.
  4. Receipt and evaluation of agreed document bundles.
  5. Publication of a Recommendation with reasons.
We will require certain information to be provided by the Parties before we are able to start work.  We will set this out in our confirmation email to you.  Documents are delivered electronically using our Service Centre or via our on-line Dispute Resolution Centre (coming soon).

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