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Alternative Dispute Resolution Research

Information about researching common ADR methodologies, including arbitration, negotiation, mediation, and more.

Early Neutral Evaluation (ENE)

Early Neutral Evaluation (ENE) is when disputing parties submit their case to a neutral evaluator through a confidential "evaluation session." The neutral evaluator considers each side's position and renders an evaluation of the case.  Contracting parties can include an ENE clause in the contract, which represents their agreement to submit to ENE in good faith to resolve any contractual disputes.

ENE in Courts and Government Agencies

Courts can use ENE programs to try to resolve disputes without litigation, such as the Northern District of California, the District of Vermont, and the Superior Court in Orange County, California.

ENE can also be used in federal and state government disputes. For example, the U.S. Equal Employment Opportunity Commission's website includes a list of government agencies that offer an ENE program.

California's State Bar Court, which hears cases involving attorney discipline, also offers an ENE program