Early Neutral Evaluation

Overview

Deka Chambers offers Early Neutral Evaluation (“ENE”), which provides parties to disputes with non-binding evaluation or assessment of the merits and quantum either on paper or at a joint meeting to assist in resolving tricky issues.

ENE is a step beyond joint settlement meetings. The process is fast and effective and provides an expert neutral view of the issues, or any of them, before mounting legal costs become an impediment to settlement. It can be binding or non-binding as the parties agree.

In addition to advising on the likely result of the dispute, if litigated, an evaluator can suggest solutions that involve apologies, or undertakings as to future treatment or care, or provision of future employment, in a way that would not be available if the matter proceeded to litigation.

Since 1^st October 2015, judicial case management powers have included the power to carry out judicial ENE and the Courts are willing to order the parties to engage in this, whether or not both parties agree. Independent ENE enables the parties to retain control of the process. It is particularly useful where the parties have very differing views on the prospects of success.

ENE is usually conducted by a more senior member of Chambers, as the parties require an experienced view of the merits and issues. However, depending upon value and complexity, it may be suitable to instruct someone more junior. Please enquire with the clerks as to fees and availability.

We offer ENE of personal injury and clinical negligence claims, professional negligence claims and commercial disputes.

Early Neutral Evaluation Expertise

• Alternative Dispute Resolution
• Mediation