Section 30 Early Neutral Evaluation Process

• Library: Employment Discrimination 2008

The ENE process begins with the selection of a neutral, who is usually a litigator with subject matter expertise in the area of the dispute. Before the ENE session, the parties will provide the neutral with written presentations that may include deposition excerpts, witness statements, exhibits, and expert reports. Depending on how “early” in the process the evaluation is conducted, depositions and expert reports may not be available. At the ENE session, each side, starting with the plaintiff, orally...