header-logo header-logo

19 March 2009 / Emma Sadler
Issue: 7361 / Categories: Features , Procedure & practice
printer mail-detail

A quick fix or a long battle?

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll