In an early neutral evaluation, the neutral reads briefs from each side, listens to their perspectives, and has an opportunity to ask questions. The neutral then provides an independent assessment of the dispute to the parties, detailing the strengths and weaknesses of each side’s case and who may be likely to prevail on key legal issues.
ENE provides an independent, non-binding assessment on the merits as well as the experience of a short hearing. These can be useful for parties who prefer the format of briefs and hearing in thinking about how to settle the dispute.
The ENE process involves briefing, a short hearing, and the production of an independent report to the parties. The entire process is completely confidential.