Early Neutral Evaluation (ENE) Services.

At JUSTUS ADR SERVICES, we provide comprehensive Early Neutral Evaluation (ENE) services for our clients aimed at helping parties gain an objective assessment of their case early in the legal process, facilitating informed decision-making, and exploring potential settlement options.

Gaining Insights Through Early Neutral Evaluation.

Our Early Neutral Evaluation (ENE) services are designed to provide an impartial and confidential assessment of the strengths and weaknesses of each party's case, helping them make informed decisions about how to proceed with their legal matter. We understand the importance of gaining an objective perspective early in the process and strive to help parties navigate the ENE process with clarity and purpose, exploring potential settlement options when appropriate.

Gaining Insights through early neutral evaluation

WHAT WE DO

Areas of Expertise.

Our team of experienced early neutral evaluators at JUSTUS ADR SERVICES has extensive expertise in assessing disputes across a wide range of legal areas. We understand that every case is unique, and we tailor our approach to provide an objective and comprehensive evaluation of the strengths and weaknesses of each party's position. Our areas of expertise include:

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    Commercial Disputes

    Our early neutral evaluators provide objective assessments of commercial disputes, including those related to contracts, partnerships, joint ventures, and other business transactions, helping parties understand the strengths and weaknesses of their cases.

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    Employment Law

    We offer early neutral evaluation services for employment-related disputes, such as wrongful termination, discrimination, harassment, wage and hour claims, and non-compete agreements, providing parties with an impartial perspective on their legal positions.

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    Construction Disputes

    Our team is well-versed in assessing conflicts arising from construction projects, including disputes over contracts, delays, defects, payment issues, and insurance claims, helping parties gauge the merits of their cases and explore potential settlement options.

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    Real Estate Disputes

    We provide early neutral evaluation for real estate-related conflicts, such as property ownership disputes, landlord-tenant issues, boundary disputes, and zoning and land use matters, offering an objective analysis of the parties' positions.

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    Professional Liability

    Our early neutral evaluators have expertise in assessing professional liability cases, including medical malpractice, legal malpractice, and disputes involving other professionals such as accountants and architects, providing parties with an impartial evaluation of their claims.

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    Insurance Law

    We have experience evaluating insurance-related disputes, such as coverage issues, bad faith claims, and subrogation matters, helping parties understand the strengths and weaknesses of their positions and exploring potential resolution options.

Early Neutral Evaluation Team.

Led by our principal neutrals, Kenneth J. Benson, Timothy P. O'Brien, Daniel R. Gigler, and Edward C. Schmidt, our team consists of accomplished early neutral evaluators who are not only highly knowledgeable in their respective fields of law but also deeply committed to providing objective and insightful assessments to help parties make informed decisions about their disputes.

THE ENE PROCESS

How Early Neutral Evaluation Works.

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CASE SUBMISSION

Our early neutral evaluators work with parties to gather relevant information, documents, and evidence related to the dispute, allowing for a comprehensive assessment of the case.

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EVALUATION SESSION

The evaluator conducts a session where parties present their arguments and evidence, and the evaluator asks questions to clarify positions and better understand the dispute.

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ASSESSMENT AND RECOMMENDATIONS

The evaluator provides an objective, non-binding assessment of the strengths and weaknesses of each party's case, as well as recommendations for potential settlement or further legal action. If the parties choose to pursue settlement, the evaluator may assist in facilitating negotiations.

Frequently Asked Questions.

  • Early Neutral Evaluation (ENE) is a non-binding dispute resolution process in which a neutral third party, called an evaluator, provides an objective assessment of the strengths and weaknesses of each party's case early in the legal process.

  • The purpose of ENE is to help parties gain a better understanding of their legal positions, assess the risks and costs of proceeding with litigation, and explore potential settlement options. By receiving an impartial evaluation early on, parties can make more informed decisions about how to proceed with their dispute.

  • Unlike mediation, which focuses on facilitating a mutually agreeable settlement, ENE primarily aims to provide an objective assessment of the case. Unlike arbitration, ENE does not result in a binding decision. Instead, the evaluator's assessment is advisory and non-binding.

  • ENE is conducted by a neutral third party, often an experienced attorney or retired judge, who has expertise in the specific area of law related to the dispute. At JUSTUS ADR SERVICES, our early neutral evaluators are highly knowledgeable in their respective fields and have extensive experience assessing a wide range of legal disputes.

  • During an ENE session, the parties present their arguments and evidence to the evaluator, who then asks questions to clarify positions and gain a better understanding of the dispute. The evaluator may also request additional information or documents to facilitate a more comprehensive assessment.

  • No, the evaluator's assessment is non-binding and advisory in nature. The parties are not obligated to follow the evaluator's recommendations, but the assessment can serve as a valuable tool for understanding the strengths and weaknesses of their case and informing their decision-making process.

  • Yes, ENE can be used as a standalone process or in conjunction with other ADR methods, such as mediation or arbitration. In some cases, parties may choose to pursue mediation or settlement negotiations after receiving the evaluator's assessment.

  • The length of the ENE process can vary depending on the complexity of the case and the amount of information that needs to be reviewed. However, ENE is generally a shorter process compared to traditional litigation, with most sessions lasting a few hours to a full day. The evaluator's assessment is typically provided within a few weeks of the ENE session.

READY TO RESOLVE YOUR DISPUTE?

Talk To A Dispute Resolution Expert.

Contact us today to schedule a consultation and take the first step toward resolving your legal conflict through mediation, arbitration, or early neutral evaluation. Our experienced professionals are ready to help you find the most efficient and effective solution for your dispute.