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Early Neutral Evaluation

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ISBN: 9781614383154
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This valuable guide is a tool to teach lawyers, litigants, neutrals, judges, court program administrators, and public policy analysts what early neutral evaluation (ENE) consists of, why and under what circumstances it can be used most productively, the difference between it and mediation (in the forms most commonly encountered by litigants and lawyers), and how clients, litigators, and neutrals have been assessed the value of ENE. Written by experts in the field, this handbook will equip lawyers and clients alike to decide more reliably when to use ENE and how to participate in an ENE process most effectively.

Table of Contents



About the Author


1 Context and Theory

2 From Theory to Practice: ENE Works

3 Comparing ENE with Other Forms of ADR: Factors Affecting Fit

4 Preparing for an ENE Session: Counsel and Client

5 An Introduction to Handling the Multiple Roles of the Neutral Evaluator

6 A Journey Through the Specifics of the ENE Process

7 Toward Developing a Framework for Addressing Ethical Issues That Neutrals in Court-Sponsored ENE Programs Might Face


Appendix I: Checklist of Pitfalls and Reminders for Evaluators in Early Neutral Evaluation

Appendix II: ADR Local Rule 5, U.S. District Court, Northern District of California

Appendix III: Forms and Examples

Appendix IV: References