The use of a neutral to give his opinion on a matter often of the potential outcome of the dispute.
An assessment (see Assessment) of a dispute, usually conducted at the beginning of a court-connected ADR process. Developed in the federal district court in the Northern District of California. ENE helps parties and their legal counsel to determine the strengths and weaknesses of their case through neutral analysis. Designed to be used prior to significant discovery.
Also referred to as "ENE." This is a process in which a neutral fact finder, often one with substantive expertise, evaluates the merits of a case. The neutral provides a non-binding evaluation intended to give parties an objective perspective on the strengths and weaknesses of their cases, thereby making further negotiations more productive. FACILITATED NEGOTIATIONS: Negotiations between or among parties for the purpose of resolving differences, solving problems, and reaching decisions by consensus. Facilitated negotiations require the assistance of a qualified facilitator who runs the meetings, keeps the parties focused, guides them in the process, encourages ground rules, and takes notes.