Strong case on both sides? We can take a look.
Early Neutral Evaluation ("ENE") is an Alternative Dispute Resolution ("ADR") process whereby a neutral party looks at a claim at an early stage and expresses a preliminary view on the case. Joint ENE (or JENE) is where both sides of a claim are looked at an opinion given. The intention of both is to set the scene for settlement negotiations.
Advantages
The evaluation is done in a direct way and often delivers an insightful view on the legal issues at the heart of the case and an expert evaluation of the strengths of of the evidence available to address those issues.
JENE can be deployed tactically by those who genuinely have a strong case to try to convince an opponent of the inadequacies of theirs. It is not intended as a takeover of the claim, rather as a support and assessment process to ensure the client gets the best possible outcome.
Independence
A legal representative is duty bound to act in the best interest of his client and in line with his instructions. Sometimes this can mean progressing a case that may not have the best of merits where the client wants to proceed regardless or the adviser may be so absorbed in the claim that an important avenue is overlooked. In those circumstances, an independent review can stand the client in good stead to understand the prospects of the claim and where it is exposed.
Value
ENE, and especially JENE, are best utilised when parties have very differing, but equally entrenched, views on their prospects of success and litigation risk.
The cost of an ENE or JENE often offer much better value than mediation (which can ignore the merits of a matter) as it conveys a real independent assessment and will be considerably cheaper than progressing to Court.
Instructions
We accept instructions for ENEs and JENEs. Our fees are dependent on the nature and scale of a claim - a straightforward contractual dispute will usually be in the region of £1,500 per party whereas a large-scale complex financial dispute can be in the region of £8,000+. The scale of the documents and factual matrix can also have a bearing on our fees. We will ask for detailed information on the claim before providing a fee estimate and can always work with those instructing to obtain a solution.