Early Neutral Evaluation (E.N.E.)

• Expert Determination
• Mediation
• Adjudication
• Arbitration

A form of dispute resolution that has considerable merit in settling disputes before they fester and affect parties relationships is known as Early Neutral Evaluation. Quite simply, disputes or difference are referred to experts in the particular field of the dispute who consider both sides of the arguments and give an opinion as to the merits of the case and perhaps what the outcome of the dispute should be. Unlike adjudication it is non binding even on a pro-tem basis and it is less formal. This early evaluation allows parties to make operational or financial provisions before they become too entrenched in their views and commit to more expensive procedures to resolve the issues.

In medium and large contracts, it is becoming more common to have experts nominated to periodically evaluate any differences during the currency of the contract. In large contracts and international contracts, Dispute Boards are often convened as part of the contract administrative procedures. These boards then meet periodically to resolve any issues and have a function that has certain similarities to E.N.E.

The Centre for Effective Dispute Resolution, CEDR, publish a model agreement for E.N.E.